Smoke Ball Case

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The case of Carlill v Carbolic Smoke Ball Co is a landmark case in English contract law.

It was
decided by the Queen's Bench Division of the High Court of Justice in 1893.
The Carbolic Smoke Ball Co produced a product called the "smoke ball" which they claimed
could prevent influenza and other illnesses. They advertised the product in newspapers and
included a promise in the advertisement that they would pay a reward of £100 to anyone who
contracted influenza after using the product according to their instructions.
Mrs. Carlill purchased and used the smoke ball but subsequently contracted influenza. She
sued the Carbolic Smoke Ball Co for the reward of £100. The company argued that the promise
in the advertisement was not intended to create a legally binding agreement, but was instead a
mere puff or sales talk.
The court held that the promise in the advertisement was an offer that was capable of
acceptance by anyone who performed the conditions stated in the advertisement. Mrs.
Carlill had accepted the offer by purchasing and using the smoke ball according to the
instructions provided. Therefore, the company was bound to pay the reward.
This case is significant because it established the principle that an advertisement can be an
offer that is capable of acceptance, and that performance of the conditions stated in the
advertisement can constitute acceptance. It also demonstrated that a unilateral contract can be
created where an offer is made to the public at large and anyone who performs the conditions
stated in the offer can accept the offer.
The case has been cited in numerous subsequent cases in English contract law and has been
influential in shaping the modern law of contract.

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