CARLIL V CARBOLIC SMOKE BALL CO CASE STUDY ON LAW OF CONTRACT

·         CARLIL V CARBOLIC SMOKE BALL CO

·         ( 1893)
CASE STUDY

·         OFFER AND ACCEPTANCE
LAWS OF CONTRACT

·         CARLIL V CARBOLIC SMOKE BALL

1.       CARBOLIC SMOKE BALL CO OFFERED BY AN ADVERTISMENT A REWARD OF 100 POUND TO ANY PERSON WHO SHOULD CONTRACTINFLUENZA AFTER HAVING USED THE SMOKE BALLS THREE TIMES DAILY FOR TWO WEEKS ACCORDING TO THE PRINTED DIRECTIONS

2.       ADDED THAT POUND 100 WERE DEPOSITED IN THE BANK SHOWING ITS SINCERITY IN THE PROMISE

3.       THE PLANTIFF MRS CARLIL USED THE SMOKE BALL ACCORDING TO DIRECTIONS OF COMPANY STILL CONTRACTED INFLUENZA

·         CONCLUSION

1.       WAS HELD THAT SHE COULD RECOVER THE REWARD BECAUSE THE ADVERTISMENT WAS NOT A MERE INVITATION TO THE OFFER BUT OFFERS AT LARGE.

2.       PERFORMANCE OF THE CONDITION IS A SUFFICIENT ACCEPTANCE WITHOUT NOTIFICATION.

·         LOGIC

1.       OFFER IS AN EXPRESSION OF WILL OR INTENTION. A PERSON MAKING THE PROPOSAL EXPRESSES THAT HE IS WILLING TO CNTRACT ON THE TERMS STATED IN PROVIDED THE OTHER PARTY TO WHOM THE PROPOSAL IS MADE WILL LIKEWISE EXPRESSES HIS ASSENT TO THE SAME TERMS.

2.       OFFER IS MADE O DEFINITE PERSON OR BODY OF PERSONS IS CALLED SPECIFIC PERSON IS CALLED SPECIFIC OFFER AND SPECIFIC OFFER CAN BE ACCEPTED ONLY BY THE PERSON OR PERSON TO WHOM IT IS MADE.

3.       A GENERAL OFFER CAN BE ACCEPTED BY ANY ONE. A GENERAL OFFER CAN BE ACCEPTED BY ONE

4.       WHERE X ISSUES A  PUBLIC ADVERTISEMENT TO THE EFFECT THAT HE WOULD GIVE RS 500 TO ANYONE WHO BRINGS BACK HIS MISSING DOG,SUCH AN ADVERTISEMENT AMOUNT OT GENERAL OFFER AND ANY MEMBER OF THE PUBLIC CAN ACCPET THE SAID OFFER BY SEARCHING FOR AND BRINGING BACK X ‘S MISSING DOG

·         AN OFFER MUST BE DISTINGUISHED FROM

1.        A MERE STATEMENT OF INTENTION:AN ANNOUCEMENT OF FORTHCOMING AUCTION SALE

2.       AN INVITATION TO OFFER : AN ADVERTISEMENT IN NEWSPAPER,THE DISPLAY OF GOODS IN SHOP WINDOW WITH TPRICES MARKED UPON THEM,THE DISPLAY OF PRICED GOODS IN A SELF SERVICE STORE

3.       A MERE COMMUNICATION OF INFORMATION IN THE COURSE OF NEGOTIATION : STATEMENT OF THE LOWEST PRICE MADE IN AN ANSWER TO AN INQUIRY

4.       A CAUSAL ENQUIRY

5.       A PROSPECTUS INVITING THE PUBLIC TO SUBSCRIBE TO THE SARES OR DEBENTURES

6.       ADVERTISEMENT FOR THE TENDERS