Carlill

 Carlill Dissertation

Sample case brief summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Made by Claire Macken

Facts:

• Carbolic Smoke cigarettes Ball Company (def) guarantees in advertising to pay out 100 pounds to any person who contracts flu virus after employing smoke ball. • Carlill (plaintiff) uses ball although contracts influenza + depends on ad. Concern: Was generally there a capturing contract between parties?

- A contract requires notification of acceptance - Did Mrs Carlill inform Carbolic in the acceptance in the offer? - Did Mrs Carlill give consideration in exchange for the 100 pounds reward? Def argument can be: There was zero binding contract - the words of the advertising did not add up to a promise b/c: • the ad was too vague to create a contract - there was not any limit concerning time & no way of checking make use of the ball by buyers; • the terms are too vague to create a contract- no limit concerning time -- a person might declare they contracted flu twelve yrs following using the cure • Not any contract b/c a contract requires communication of intention to take the offer or overall performance of several overt act Plaintiff's debate is: advertising was a package they were beneath an obligation to fulfill because it was published so it would be examine and acted upon & it was not an empty boast. • The assure was not vague - & there was consideration.

Held: (Application). There was a binding contract. Carlill good. Lindley LJ - The ad was an exhibit promise -- to pay out 100 pounds to anyone who contracts influenza after using the ball three times daily by 2 weeks. • The advertising was not merely a puff: b/c of this assertion " a thousand is transferred with the Cha?non Bank, shewing our truthfulness in the matter” - proof of sincerity to pay • Promise can be binding although not designed to anyone particularly - a unilateral give - for instance. " presents to any individual who performs the conditions called in the ad, and anyone who does carry out the condition welcomes the offer”. • The ad is definitely not so hazy that it cannot be construed being a promise -- the words may be reasonably...

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