Sample case summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Prepared by Claire Macken Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance - Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide
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1950 provides that ‘when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to the act or abstinence‚ he is said to make a proposal’. Case: M N Guha Majumder v R E Donough [1974] 2 MLJ 114 Facts: Property owned by the defendant was advertised for sale‚ and written offers to purchase were invited. The plaintiff viewed the property on two occasions. During the interval between the two occasions the plaintiff
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finally I will give legal advice to Chuck (offeror)‚ Arnold and Sylvester (offerees). First we must distinguish whether Chuck’s advert was an invitation to treat or an offer. An example of a case involving an advertisement as an offer was Carlill v Carbolic Smoke Ball co. [1] This case involved an advert where Miss Carlill followed a set of conditions but still received influenza‚ she sued after being refused payment. The wording of the advertisement made the advert an offer; the reasonable persons
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offer you…my Lytham estate for £600‚000…I also agree that a reasonable and sufficient time shall be granted to you for the examination and consideration of all the data and details necessary for the preparation of the schedule of completion.’ (Clifton v Palumbo [1944] 2 All ER 497). This case is an example of where there was no definite offer. It was held that this letter could not amount to an offer but was instead an invitation to treat to allow proceedings to occur and give a statement of the price
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person to the act or abstinence. There fore a contract can be made to an individual or the whole world and this case the offer was there and was made to the whole world as in the case of carill vs carbolic smoke ball company where the defendants advertised an offer of 100 pounds to any user of their carbolic smoke ball who caught influenzer after using it‚ they also stated that they had deposited a sum of 100 pounds with the bank
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warnings • enforceable actions • public warnings • court orders • injunctions • compensation orders • civil consequences‚ containing pecuniary punishments and disqualification orders. For example‚ Carlill v Carbolic Smoke Ball Co (1893) was a case presented in an English Court room. Carbolic Smoke Ball Co
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enforceable by law. For example‚ offer acceptance. According to s.2(a) and Ho Ah Kim v Paya Trubong Estate‚ proposal is an action that shows willingness to enter into a contract. Invitation to treat is an invitation to make a proposal. According to Coelhor Public Services Commission and Syarikat Gunung Sejahtera V Lim Sze On ‚ advertisements are invitation to treat. However‚ according to s(8) and Carlill V. Carbolic Smoke Ball‚ advertisements that are to the world at large‚ promising something in
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it is clearly a business/commercial relationship between Tallula Investments Ltd and Italian Cuisine Ltd and therefore the presumption is that the parties intend to enter into legal relations. There is no evidence to rebut this presumption (see Jones v Vernon Pools). The next issue to be dealt with is the ’offer’. Has Italian Cuisine made an offer to Tallula in the fax September 1‚ 2000 which read: ’Can offer latest speedy Rice Cookers at $100 each’ In my view this is not a genuine offer‚
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distinguished between an advertisement which constitutes an offer or an invitation to treat. An advertisement may be considered an offer if it is clear‚ precise‚ definite and leaves nothing open for negotiation. This was established by Leftkowitz v Great Minneapolis Surplus Store involving a case of the sale of two mink scarves and a stole. The phrase “ £10‚000 for the lot‚ no offers” could be an element of an offer‚ indicating that price is not negotiable. It can also be interpreted in such that
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Main paper 2010 (Answer all questions on paper) Section A (1) Outline the facts of Carlill v Carbolic Smoke Ball‚ what area does it relate to and what principles does it outline? (2) Partridge v Crittenden outlines which contractual principle? (3) What is an invitation to treat? Use cases to back up your answer. (4) What is the postal rule? Use cases to back up your answer. (5) What does ADR stand for? Give examples of the general advantages of ADR. (6) What are main types and related advantages
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