Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 (07 December 1892)

[Legal Beagles]

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Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 is an English contract law decision by the Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. It is notable for its curious subject matter and how the influential judges (particularly Lindley LJ and Bowen LJ) developed the law in inventive ways. Carlill is frequently discussed as an introductory contract case, and may often be the first legal case a law student studies in the law of contract.

The case concerned a flu remedy called the "carbolic smoke ball". The manufacturer advertised that buyers who found it did not work would be awarded £100, a considerable amount of money at the time. The company was found to have been bound by its advertisement, which was construed as an offer which the buyer, by using the smoke ball, accepted, creating a contract. The Court of Appeal held the essential elements of a contract were all present, including offer and acceptance, consideration and an intention to create legal relations.

[PAWS]

Re: Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 (07 December 1892)

With a title like that I just had to read on! Despite what the media might have us believe, the world is a saner place and our understanding of illness has definitely improved!!!!

[stevemLS]

Re: Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 (07 December 1892)

Why post this judgment now, brought back (un)happy memories of lectures - hardly a recent case of interest though? lol

[Amethyst]

Re: Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 (07 December 1892)

Weird. Yes a classic, GCSE law case ..... I think Bailii must be putting up some very old judgments, as one from 1940's ( Young v Bristol Aeroplane Co Ltd [1944] EWCA 1 (28 July 1944) )popped up yesterday too. Will keep an eye on it (posting is automated)

[stevemLS]

Re: Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 (07 December 1892)

It renains good law