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The Contract Law Case: Carlill v/s Carbolic Smoke Ball Co

Carlill v/s Carbolic Smoke Ball Co.
The Company Made The Product Called Smoke Ball¯.It Claimed To Be Cured To Influenza And Many Other Disease In The Context 1889_ 1890 :Flu Pandemic Which Is Estimated To Have Killed 1 Million People. The Smoke Ball Was A Rubber Ball With A Tube Fixed To Its Opening. The Ball Is Filled With A Carbolic Acid( Phenol). The Tube Is Supposed To Be Inserted In One Of Our Nostrils And The Bottom Part Of The Rubber Ball Is To Be Passed.

The Gas Enters Into Our Respiratory Tract And Flushes Out All The Viruses. The Company Published Advertisement In The Pall Mall Gazette And Other Newspapers On 13 November 1891 Claiming That It Would Pay Ā‚¬100 To Anyone Who Got Sick With Influenza After Using Its Product According To The Instructions Sot Out In The Advertisement. The Carbolic Smoke Ball Used Three Times Daily For Two Week Would Prevent Colds And Influenza The Makers Of The Smoke Ball Of A‚¬100 Reward To Anyone Who Got Influenza Using Their Product Guarantee This Reward By Starting In Their Advertisement That They Had Deposited 1000ā‚¬ Reward In The Bank As A Show Their Sincerity. The Plaintiff Lilli Carlill Bought A Smoke Ball And Used It As Directed Several Weeks After She Began Using The Smoke Ball Plantiff Cut The Flu.


Facts of the case:
  • Full case name: Louisa carlill v carbolic smoke ball company
  • Court: court of appeal civil division
  • Judges:_ lindley LJ,Bowen LJ,AL Smith LJ
  • Citation: (1892)EWCA civil 1, (1893)1 QB 256
  • Prior Action: Carlill v.Carbolic smoke ball (1892)2 QB 484
  • Date decided: 8th December 1892
Issues:
Lindley Lj On Behalf Of The Court Of Appeals Notes That The Main Issue At Hand Is Whether The Language In Defendants Advertisement Recording The 100 Reward Was Meant To Be An Express Promise Or Rather A Sales For Which Had No Meaning Whatsoever.

Held:
Defendant Appeal Was Dismissed Plaintiff Was Entitled To Recover 100.The Court Acknowledged That In The Case Of Advertisement Language Regarding Payment Of A Reward Is Generally A Puff Which Carries No Enforceability. Defendant Noted The Deposit Of 1,000 In This In Their Advertisement As A Of Their Sincerity . Because Defendant Did This The Court Found Their Offer To Reward To Be A Promise Backed By Their Own Sincerity.

Discussion:
This case stands for the position that while sales puffery in advertisement is generally not intended to create a contract with potential product buyers in this case it did because the defendant a elevated their language to the level of promise by replying on their own sincerity.

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