For this discussion, research the Carlill vs. The Carbolic Smokeball Company. Pr
ID: 450605 • Letter: F
Question
For this discussion, research the Carlill vs. The Carbolic Smokeball Company. Provide a short reference list with links of sources used at the bottom of your initial discussion post. After you have researched this case, provide a brief summary. Include the facts about the case, court ruling, defendant's appeal, judgment, etc. Also, explain whether each element of a contract was met. Additionally, include how this could be applied in today’s business environment. Give an example or scenario in which the circumstances would be similar to the Carbolic Smokeball Case. You may provide an actual case as well.
Explanation / Answer
Carlill vs.The carbolic smokeball company:A brief summary
Facts about the case :- The carbolic smoke ball company manufactured ans sold the carbolic smoke ball.The company placed ads in various newspapers offering a reward of 100 pounds to any person who used the carbolic smoke ball three times per day for atleast two weeks as directed and contracted influenza,cold or any other related disease.After seeing the ad carlill purchased the smoke ball and started using it as directed.After two months carlill contracted influenza and made a claim for the reward.Carbolic smoke ball refused to pay and carlill sued for damages arising from breach of contract.
case name-louisa carlill vs carbolic smokeball company
court-court of appeal(civil division)
Date decided- 8th cecember 1892
Judges-Lindley lj,Bowen Lj,AL Smith Lj
Plaintiff-Louisa carlill
Defendant-The carbolic smoke ball company
Court ruling :-
The court held that an advertisement is considered to be an offer when it specifies the quantity of person who are eligible to accept its terms.If such an advertisement requires performance,the offeree is not required to give notice of his performance.The court pointed to carbolic smokeball's claim in the advertisement that it had deposited a 1000 pounds with alliance bank,which the court decided was intended to demonstrate company's sinserity to pay.
Defendant's appeal:-
On appeal the defendant's case was that there was no binding contract between the parties.The defendant company had no means of checking the ball or of establishing whether the plaintiff had infact used the ball as directed or not.they also said that the plaintiff had not provided any consideration,and that merely doing an act in private would not be enough.
The judgement:-
The plaintiff argued that the the advertisement constituted an offer,which could be accepted by anyone who saw it.The court agreed with the plaintiff and the appeal was dismissed unanimously by all the three judges and the court held that there was a fully binding contract for 100 pound with mrs.carlill.The reason given by the judges were:
The case was decided in favour of Mrs.carlill and she finally recieved the compensation of 100 pound by the carbolic smokeball company.
The effects of the judgement are still felt today in our day to day life.If you loose ypur family pet and circulate a poster offering a reward for its safe return you are providing an offer which one may accept if they found your dog safe and well.This case has also its effect on today's business environment.Any company who offers for any reward for the use of their product they clearly state the other conditions that are applied in the parformance of the contract.
Another case similar to this case is Lefkowitz vs.Great minneapolis surplus store.In this case tha Great minneapolis surplus store,who is the defendant,published advertisement in the newspaper for a sale of fur coat,mink scarves and lapin stole.the advertisement indicated that each item would be sold at $1 and on a first come first served basis.Lefkowitz ,who is the plaintiff ,was the first customer to offer $1 for the purchase according to the term.But the defendant refused to sale the item stating that sale was intended for women only.The court granted judgement in favour of the plaintiff and awarded damages.The court held that the plaintiff was entitled to performance by the defandent because he complies with all the terms of the advertisement and offered the stated purchase price.
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