Carlill v Carbolic Smoke Ball Company

388 Words2 Pages
CARLILL V. CARBOLIC SMOKE BALL CO. FACTS: Carbolic Smoke Ball Co. (D) manufactured and sold a patent medicine known as The Carbolic Smoke Ball. D placed ads in various newspapers to offer a reward; any person who used D's smoke ball three times daily according to the instructions, and contracted influenza, colds, or any disease, would qualify for the reward. The reward amount was 100 pounds. Carlill (P) after seeing the ad, purchase a ball and used it according to the directions. However, P was attacked by the influenza and sought to recover 100 pounds. D refused to pay the reward to P. P sued D for damages for a breach of contract. P was awarded damages in the amount of the advertised reward. D appealed. RULE OF LAW: The offeror of a unilateral offer made in an advertisement for the sale of goods impliedly waives notification of acceptance if his goal is to sell as much product as possible. HOLDING AND DECISION: (Lindley, L.J) Does the offeror of a unilateral offer made in an advertisement for the sale of goods impliedly waive notification of acceptance if his goal is to sell as much product as possible? Yes. An advertisement is considered to be an offer when it specifies the quantity of persons that are eligible to accept the terms of the advertisement. If the advertisement/offer requires performance, the offeree will not be required to give notice of his performance. We must first consider whether this ad was intended to be a promise to all of whether it was merely a puffing, which meant nothing. We cannot say that it was merely puffing. I base my answer upon the passage that D made stating that 1000 pounds is deposited with Alliance Bank, which was to show D's sincerity in that matter. LEGAL ANALYSIS: An advertisement is an offer only when there is a specified quantity stated expressly or implied in the ad. An advertisement that leaves

More about Carlill v Carbolic Smoke Ball Company

Open Document