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  • Essay / Carlill v Carbolic Smoke Ball Company (1893) - 2382

    Case in progress: Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256; Court of Appeal, December 6.7, 1892, LINDLEY, BOWEN and AL SMITH, L.JJ. The "Carbolic Smoke Ball" company sold self-proclaimed health-enhancing and disease-curing "Smoke Balls" during and throughout the 1890s. When advertising the product, they stated that absolutely no one used their product according to the scheme recommended use would not contract a list of diseases described by the company. The courageous and sales-enhancing campaign further claimed that they were so confident in their previous proclamations that they would reward anyone who later contracted the diseases mentioned with compensation of £100 for such an event. They set aside a sum of money (£1,000) in order to support the sincerity of this offer and announced that they had done such a thing. After apparently using the company's device according to the company's suggested guidelines, Ms. Louisa Elizabeth Carlill contracted the flu, an illness listed as being eradicable through use of the product. Subsequently, Carlill attempted to claim his compensation, but was refused payment and decided to take the company to court. impossible to contract with the whole world via advertising, while it was up to the plaintiff to prove the sincerity of the company's advertising to win the case. The court would have to prove that the defendant intended to interpret a legally binding agreement/contract with its proclamations in order to decide that the company was in fact liable for Carlill's claim. A binding contract is simply explained by Sir Frederick Po.... .. middle of paper ......arlill-v-Carbolic-Smoke-Ball-Co.php [Accessed Thursday, January 2, 2014].Legal Center ( 2014) Online purchasing rights [Online] Available from: [Consulted Thursday January 2, 2014]. http://www.legalcentre.co.uk/consumer/arts/online-shopping-rights/S. Riches, V. Allen (2013) BUSINESS LAW by Keenan and Riches. Eleventh edition. Pearson Education Ltd.The Free Dictionary (2014) Unilateral Contract [Online] Available at: http://legal-dictionary.thefreedictionary.com/Unilateral+contract [Accessed Thursday 2 January 2014].UK Law Online (2004) Carlill V Carbolic Smoke Ball Company [Online] Available at: http://www.leeds.ac.uk/law/hamlyn/carlill.htm [Accessed Thursday 2 January 2014].UK Essays (2014) Contract Law | Contract Law Cases [Online] Available on: [Consulted on Thursday January 2, 2014]. http://www.ukessays.com/essays/law/contract-law.php#ixzz2pOUSiowF