My favourite contract law case
Carlill v. The Carbolic Smoke Ball Company.
The case of Carlill v. The Carbolic Smoke Ball Company, centred around an advertisement which was placed in the Pall Mall Gazette on November 13, 1891. The advertisement was entered by The Carbolic Smoke Ball Company and was promoting a “medical preparation”1 which the company had developed, called the Carbolic Smoke Ball. The advertisement clamed that “During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventatives against this disease, and in no ascertained case was the disease contracted by those using the carbolic smoke ball”.2
The advertisement went on to inform the reader that the Carbolic Smoke Ball company offered “£100 pound reward will be paid 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 according to the printed directions supplied with each ball. £1,000 is deposited with the Alliance Bank, Regent Street, shewing our sincerity in the matter”3
After reading the advertisement, Mrs Carlill purchased a Carbolic Smoke Ball and it is stated that she “used the preparation as directed, three times a day between November 20, 1891 to January 17, 1892, when she was attacked by influenza” 4
Following the attack of influenza, Mrs Carlill attempted to claim the £100 reward which had been offered to anyone who “contracts the increasing epidemic influenza” as she had. Mrs Carlill was however unsuccessful in claiming her reward and on the advice of Mr. Carlill her husband, and also solicitor, she set about enforcing the terms of the contract, which she believed she had entered with the Carbolic Smoke Ball Company.
This mission resulted in Mrs Carlill having to seek the assistance of the Courts. The case was brought before the courts and the questions which the Judges were asked to decide on was;- did the advertisement constitute a contract or was it
The case of Carlill v. The Carbolic Smoke Ball Company, centred around an advertisement which was placed in the Pall Mall Gazette on November 13, 1891. The advertisement was entered by The Carbolic Smoke Ball Company and was promoting a “medical preparation”1 which the company had developed, called the Carbolic Smoke Ball. The advertisement clamed that “During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventatives against this disease, and in no ascertained case was the disease contracted by those using the carbolic smoke ball”.2
The advertisement went on to inform the reader that the Carbolic Smoke Ball company offered “£100 pound reward will be paid 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 according to the printed directions supplied with each ball. £1,000 is deposited with the Alliance Bank, Regent Street, shewing our sincerity in the matter”3
After reading the advertisement, Mrs Carlill purchased a Carbolic Smoke Ball and it is stated that she “used the preparation as directed, three times a day between November 20, 1891 to January 17, 1892, when she was attacked by influenza” 4
Following the attack of influenza, Mrs Carlill attempted to claim the £100 reward which had been offered to anyone who “contracts the increasing epidemic influenza” as she had. Mrs Carlill was however unsuccessful in claiming her reward and on the advice of Mr. Carlill her husband, and also solicitor, she set about enforcing the terms of the contract, which she believed she had entered with the Carbolic Smoke Ball Company.
This mission resulted in Mrs Carlill having to seek the assistance of the Courts. The case was brought before the courts and the questions which the Judges were asked to decide on was;- did the advertisement constitute a contract or was it