LAW ASSIGNMENT

CASE ANALYSIS
-ANUP KUMAR BEHERA
MBA(IB) 1226115104
1. CASE SITATION IN FULL
Carlil vs. Carbolic smoke ball co.(1893) I QB 258
Here, Carlil is the plaintiff and Carbolic smoke ball co. is the defendent
2. INTRODUCTION TO THE CASE
On nov. 13, 1891, the following advertisement was published by the defendents in the
Pall Mall Gazette:
100 reward will be paid by the Carbolic Smoke Ball Co. to any person who
contracts the increasing epidemic influenza, colds, or any diseases caused by taking
cold, after having used the ball three times daily for two weeks according to the
printed directions supplied with each ball. 1000 is depoaited with the Alliance Bank,
Regent Street, showing our sincerity in the matter. During the last epidemic of
influenza many thousand Carbolic Smoke Balls were sold as preventives against this
dose as, and in no ascertained case was the disease contracted by those using the
Carbolic Smoke Ball. One Carbolic Smoke Ball will last a family several months,
making it the cheapest remedy in the world at the price- 10s. post free. The ball can
be refilled at a cost of 5s.
Address: Carbolic Smoke Ball Co., 27, Princes street, Hanover square, London, w.
The Plantiff, believing in the accuracy of the statements appearing in the
advertisement with regard to the efficacy of the smoke ball in cases of influenza,or as
preventive of that disease, purchased one and used it three times every day, as
directed by the instructions , for several weeks, from the middle of November, 1891,
until Jan. 17, 1892, at which latter date she had an attack of influenza. Thereupon her
husband wrote a letter for her to the defendants, stating what had occurred, and asking
for the 100. Promised by the defendants in the advertisement. The payment of that
sum was refused by the defendants, and the present action was brought for its
recovery.
3. FACT OF THE CASE
This case is about invitation to offer and wagering of contract, Defendant company
advertised about their product and declared by using the product anybody can be
recovered from influenza using 3 times a day, by seeing the advertisement Plantiff
purchased the product and used is as directed. But she had affected by influenza and
while claimed for the reward the company refused on the ground that there does not
exist any valid contract.
4. PRINCIPLE OF LAW
Invitation to offer : Where a party, without expressing his final willingness,
proposes certain time on which he is willing to negotiate, he does not make an
offer , he only invites the other party to make an offer on those terms.

General offer: The general offer may be accepted by anyone by complying

with the terms of the offer. It creates for the offeror liability in favour of any
person who happens to fulfill the conditions of offer .

5. JUDGEMENT OF THE COURT OF LAW

At the trial before Hawkins J. and a special jury the facts were not disputed, and the
arguments of counsel on each side on the points of law involved in the case were
heard by the learned judge on further consideration, it was denied on the part of the
defendants that there was any contract between them and the plaintiff; and,
alternatively, that, if there were any, it was void as a wagering contract. Hawkins J.,
gave judgment for the plaintiff and the defendants appealed.
6. ANALYSIS OF THE JUDGMENT
As it was general offer and an invitation to offer that means any can offer and which
was accepted by the company, so , we can say there is an existence of a contract
between them. The plaintiff could recover the reward as she had accepted the offer by
complying with the terms of the offer.
7. RELATED CASE REFERENCE
Pharmaceutical society of Great Britain Vs. Boots cash chemist (southern ) ltd (1953)
1QB401
In a departmental store there is a self service. The customers picking up articles and
take them to the cashiers desk to pay. The customer action in picking up a particular
good is an offer and as soon as the cashier accepts the payment the contract is entered
into.
8. CONCLUSION
The Case is all about offering a contract, the invitation to offer was given by the
company which can be accepted by anyone that means it was a general offer. It was
clearly mentioned that if any of the defect or issue occurred then the company will
bear the condition attached to it.
So in this case the Plaintiff has the right to claim the reward.
9. REFERENCES
Business Law Including Company Law (16 th Edition) by S S Gulshan and G
K Kapoor page no 13-14.
http://lawfaculty.du.ac.in/doc/I%20Term%20Full%20Material%20July
%202015/LB102Principles%20of%20ContractJuly2015.pdf