Question
Watch the video and explain why the plaintiff won and what you need for a valid contract. Specifically address if there was valid consideration. Carlill
Watch the video and explain why the plaintiff won and what you need for a valid contract. Specifically address if there was valid consideration.
Carlill v the Carbolic Smoke Ball Co.
https://www.bing.com/videos/search?q=carlill+vs+carbolic+smoke+ball+video&docid=608029440610536591&mid=24A2A416BD77D483CC1324A2A416BD77D483CC13&view=detail&FORM=VIRE
At the heart of this case is the question of what constitutes a contract (something that we'll return to later in this list). Back in 1891, Britain was at the tail end of a flu pandemic that killed around a million people worldwide, and Carbolic Smoke Balls were a quack remedy to avoid getting the flu. It involved putting a tube up your nose, which was attached to a rubber ball filled with carbolic acid, which would cause your nose to run. So confident were the Carbolic Smoke Ball Company in the quality of their product that they offered a 100 reward to anyone who used a Carbolic Smoke Ball regularly and subsequently got the flu - and it's worth bearing in mind that 100 in 1981 is the equivalent of around 11,500 in today's money
Mrs Carlill used the Carbolic Smoke Ball religiously, and came down with the flu all the same. The Carbolic Smoke Ball Co. had said in their advertisements, "100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks" and also added, "1000 is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter" but when Mrs Carlill requested her money, they refused to pay up. The court held that they had entered into a valid contract with Mrs Carlill, and ordered them to hand over the money
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