1. Critical Analysis of “Carlill Vs Carbolic Smoke Ball Case” 2. What role “Ad-Idem” plays in formation of a valid contract? CONTENTS TABLE OF CONTENTS 1. Introduction 1. What is there product? ……3 2. Promotion of Carbolic Smoke Ball ……3 3. The Case- Carlill Vs Carbolic Smoke Ball case ……4 2. Case Analysis 1. What is Contract? ……5 1. Offer ……5 2. Acceptance of the offer ……6 3. Constituted good
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Issue To determine if there is a binding contract between Leila and Julie. Relevant Law An offerer is the party who makes the offer‚ and the offeree is the party that receives the offer. An offer is known as a promise to be bound by certain specified terms and must be clear‚ which can be made to an individual party‚ or to the world at large. It must be differentiated from invitation to treat. When the offeree accepted the offer in total acceptance‚ an acceptance ensues. The acceptance must be communicated
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2). Discuss and compare the decision of the High Court and the Appeal Court in Carlill v Carbolic Smoke Ball [1893] Q.B. 256 (C.A.) (CO2) Carlill v Carbolic Smoke Ball Company is an English contract law decision by the Court of Appeal‚ which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. The Carbolic Smoke Ball Co. made a product called the "smoke ball". It claimed to be a cure for influenza
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Assignment on the case of Carlill vs. Carbolic Smoke Ball Co. Ltd a) Explain whether there was any contract made between Carlill and Carbolic Smoke Ball or not? Give reason. Yes‚ there was contract made between Carlill and Carbolic Smoke Ball Co. Ltd. The advertisement was placed in newspaper and said that the smoke ball product would prevent influenza if the buyers used it as directed and in spite of this if the buyer catches influenza than the company would give £100 to the user
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CASE ANALYSIS: Case: Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Introduction: Carlill v. Carbolic Smoke Ball Company Ltd is one of the most leading cases in the law of contracts under common law. Known for both its academic importance and its contribution in the development of the laws relating unilateral contracts‚ it is still binding on lower courts in England and Wales‚ and is still cited by judges in their judgements. This research paper aims to critically examine and analyze the
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Carlill v. Carbolic Smoke Ball Co. [1893] Q.B. 256 (C.A.) Facts The Defendants were a medical company named “Carbolic Smoke Ball”. Who manufactured and sold a product called the "smoke ball"‚ a cure for influenza and a number of other diseases. The company published advertisements in the Pall Mall Gazette and other newspapers on November 13‚ 1891‚ claiming that it would pay £100 to anyone who got sick with influenza after using its product three times a day for two weeks‚ according to the
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in this situation is whether a valid contract for the ‘Purple BV Handbag’ had been formed between the two parties and if it had‚ is there any breach of contract laws by Tracy. The rights and obligations that Tracy and Amanda have will depend on whether they had made an enforceable contract. For a valid contract to be formed there has to be an offer‚ acceptance and consideration. In this case‚ I can confirm that Amanda is the offeror
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Suman Siva Prof. Jeong Chun Phuoc 012014111647 Assignment 2 – Weekly Case Law Critique WEEK 1 CASE LAW ON CARLILL V CARBOLIC SMOKE BALL (1893) Issue 1. Was the advertisement by Carbolic Smoke Ball Co. a contract with the whole world? 2. Was the advertisement by Carbolic Smoke Ball Co.‚ rewarding 100 pounds to any person who uses the product (smoke ball) as directed for a given period and still get contracted to influenza‚ colds or other diseases a "mere puff"/ “nudum pactum” ? Analysis From my
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The legal issue in this question is whether there is any binding contract between Julie and Leila and whether Julie can bring an action against Leila for refusing to honour the $50 reward stated in the advertisement that she had placed in the local newspaper. This happened after Julie who had read the advertisement‚ found and returned the advertised locket and chain to Leila’s house to claim the $50 reward. The relevant principle of law relating to this issue is that the advertisement of reward
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Sample case summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Prepared by Claire Macken Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance - Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide
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