Carlill Vs. Carbolic Smoke Ball Co. (1893)

Facts

Carbolic smoke Ball Co. advertised in several newspapers stating that its product, “The Carbolic Smoke Ball”, when used three times daily, for two weeks, would prevent colds and influenza. Also that a reward of £100 would be given to any person who contracted influenza after using the smoke balls produced by the Carbolic Smoke Company according to printed directions. One lady, Mrs. Carlill, used the smoke balls as per the directions of company and even then suffered from influenza.  Mrs. Carlill brought the suit to recover  £100.

Judgement

It was held that by using the smoke balls she had accepted the offer.

Conclusion

General offer is an offer made to the public at large. Anyone performing the conditions of the offer can be considered to have accepted the offer.  




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