Question
In this case, a company carried out advertisements about their product, carbolic smoke balls, that claimed that any person who took the smoke balls in
In this case, a company carried out advertisements about their product, carbolic smoke balls, that claimed that any person who took the smoke balls in the prescribed manner (i.e., three times daily for two weeks) will not catch influenza. In case someone does, the company promised to pay 100 to them immediately. Now, the plaintiff, Carlill bought the smoke balls and used them as prescribed in the advertisement, but still ended up catching the flu. She filed a suit for the recovery of 100 as promised in the advertisement. The company denied the payment saying there existed no contract between them and the plaintiff. It was held that a contract came into existence between the plaintiff and the company as soon as the plaintiff bought the smoke balls and used them as prescribed.
1. Was there an offer and acceptance in this case? Who made the offer and who made the acceptance? 2. What was the consideration that was promised in this case? Explain why this is a valid contract?
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