Facts of the Case
Contention of the parties
Defendant
On behalf of the company, it was contended that aceptance
has to be given to an offer to make a valid contract and Mrs.
Carlill did not communicate her acceptance to the company
Also the offer was not made to Mrs. carlill in the particular.
Thus, the company is not liable to pay the reward.
Provision of law behind this
In a General offer (made to public at large) acceptance need
not be communicated by the acceptor
it is enough that the conditions of the offer are fulfilled by the
acceptor.
Case Details
Court
Court of Appeal (Civil Division)
Full Case Name
Louisa Carlil v. Carbolic Smoke Ball Company
Date Decided
8th december 1892
Judges
Lindley LJ
Bowen LJ
Al Smith
Subtopic
Plaintiff
Mrs. Louisa Carlill
Defendant
Carboilc Smoike Ball Co.
Decision of the Court
the court held that offer could be made to the public at large
the performance of the condition in the offer is sufficient
enough to be considered as acceptance and it need not be
communicated
Mrs . Carlill was entitled to recieve 100 pounds from the
company
Carlil Vs. Smoke Ball Co. Ltd
General Offer
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Carlil Vs. Smoke Ball Co. Ltd
General Offer
Facts of the Case
The Flue pandemic of 1889 - 1890 is considered to be as the last, Greatest and the
deadliest pandemic of 19th century in the HistoryDuring this period more than 1.5 Billion
people died.during this period, the Carbolic Smoke Ball Co. Launched its Products "Smoke
Ball"carbolic Smoke Ball comapany advertised in the newspaper at anyone who would take,
according to the printed direction, the smoke balls manufactured by it, would not contract
the increasing epidemic influenza or cold.A reward of 100 pound was offered by the
company to anyone who contracted influenza or cold after using the smokeballs according
to the printed directions.One, Mrs. Carlill used the smoke balls as per directed, but she
subsequently suffered from influenza
Contention of the parties
On behalf of the company, it was contended that aceptance has to be given to an offer to
make a valid contract and Mrs. Carlill did not communicate her acceptance to the
company.Also the offer was not made to Mrs. carlill in the particular.Thus, the company is
not liable to pay the reward.
Provision of law behind this
In a General offer (made to public at large) acceptance need not be communicated by the
acceptor it is enough that the conditions of the offer are fulfilled by the acceptor.
Decision of the Court
the court held that offer could be made to the public at largethe performance of the
condition in the offer is sufficient enough to be considered as acceptance and it need not be
communicatedMrs . Carlill was entitled to recieve 100 pounds from the company