Important Leading Judgements
Court:
Uploaded: 03/04/2015
Case Title:
Carlill v. Carbolic Smoke Ball Co. (1872) 2 QB 484
Head Note
Carlill v. Carbolic Smoke Ball Co. 1872 2 QB 484 is the important case on the concept of general offer. In the year 1890 an infuenza broke our in the london. The Carbolic Smoke Ball company prepared a medicine called "the carbolic smoke ball" and advertised the reward of 100 to anyone who contacted influenza after having taken the doze three times daily for two weeks. The company deposited sufficient money in the bank to show thier sincerity in the subject matter. A lady Mrs Carlill bought this medicine on the faith of the advertisement and used it in the manner and period specified but even then contacted infuenza. She asked for the money. But when refused she filed a case against the company. It was held that all the essential elements of the contract were present in that case , hence she is entitiled to the amount as mentioned by the company. Held- Although the offer is made to the world, the contract is made with the limited portion of the public who come forward and performed the condition on the faith of the advertisement.