smoke ball
“The Carlile V Carbolic Smoke ball Company is considered a landmark in English Law of Contract” Analyise the above statement by explaining the facts of the case and by discussing in detail three legal principles which were upheld in the case.
In the late 1800’s it was common for English Businesses selling medicinal products to make promises about the various illnesses that their products could cure. One such firm The Carbolic Smoke Ball Company, created the “Smoke Ball’ which claimed to be a cure for influenza and a number of various diseases. The Company was so confident of their product that they advertised stating that they would give a reward of 100 pounds to anyone who used their product according to the instructions and still got the flu. ‘A 100 Pounds will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza colds or any other disease after have using the Smoke Ball three times daily for two weeks according to the printed instructions provided with each Ball. A 1000 Pounds is deposited in the Alliance bank on Regent Street, showing our sincerity on the matter.’ In the late 1891, Mrs. Louisa Carlile seeing the advertisement purchased the Smoke Ball and following the instructions closely used it continuously three times daily for two months . Subsequently she contracted influenza during this period. She went to the bank to collect her reward of 100 pounds but was denied the money. Her husband, Mr. Carlile being a qualified solicitor, represented her. The company ignored the two letters that was sent by him, and on the third request for her reward, the company replied with an anonymous letter stating that the company had full confidence in the smoke balls efficancy, but to merely protect themselves against fraudulent claims they needed Mrs. Carlile to come to their office everyday to use the smoke ball daily and it had to be observed by the secretary. Mr. Carlile filed legal
In the late 1800’s it was common for English Businesses selling medicinal products to make promises about the various illnesses that their products could cure. One such firm The Carbolic Smoke Ball Company, created the “Smoke Ball’ which claimed to be a cure for influenza and a number of various diseases. The Company was so confident of their product that they advertised stating that they would give a reward of 100 pounds to anyone who used their product according to the instructions and still got the flu. ‘A 100 Pounds will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza colds or any other disease after have using the Smoke Ball three times daily for two weeks according to the printed instructions provided with each Ball. A 1000 Pounds is deposited in the Alliance bank on Regent Street, showing our sincerity on the matter.’ In the late 1891, Mrs. Louisa Carlile seeing the advertisement purchased the Smoke Ball and following the instructions closely used it continuously three times daily for two months . Subsequently she contracted influenza during this period. She went to the bank to collect her reward of 100 pounds but was denied the money. Her husband, Mr. Carlile being a qualified solicitor, represented her. The company ignored the two letters that was sent by him, and on the third request for her reward, the company replied with an anonymous letter stating that the company had full confidence in the smoke balls efficancy, but to merely protect themselves against fraudulent claims they needed Mrs. Carlile to come to their office everyday to use the smoke ball daily and it had to be observed by the secretary. Mr. Carlile filed legal