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  • Essay / Carill V Carbolic Smokeball Case Study - 1388

    “The case of Carlill V carbolic Smokeball Company is considered a landmark in English contract law. » Analyze the statement above by explaining the facts of the case and discussing the three important legal principles that were upheld in this case. A Brief Introduction to Contract Law: A contract is an agreement which has its specified terms and conditions between two or more parties in which there is a promise to do something in exchange for a benefit. This case mentioned below is a great example of a better understanding of contract law. (Gerald, 2014).IntroductionCarlill V Carbolic Smokeball CompanyThis case, Carlill V Carbolic Smokeball Company, took place in the Court of Appeal against a decision made by the District Court. Carlill, the plaintiff who is the party filing the case, objected to the defendants who were Carbolic Smokeball Company due to breach of contract.Carbolic Smokeball Company manufactured and sold The Carbolic Smokeball for contraction prevention of the flu. The company published advertisements in various newspapers granting a hundred pounds to anyone who contracted the flu after using the Carbolic Smokeball as directed and also deposited thousands of dollars in the bank to show their sincerity in the matter. After seeing this, plaintiff Carlill purchased the Carbolic Smokeball and used it as directed. But even though she used it as directed, she still came down with the flu and claimed the reward. The Carbolic Smokeball company refused to pay the promised reward, and Carlill sued the company for damages resulting from breach of contract. A judgment of one hundred pounds was entered and the Carbolic Smokeball Company appealed. (Lawnix, 20...... middle of paper ...... therefore, the Lordship concluded that the defendants, i.e. the Carbolic Smokeball Company, should present the promised reward as directed to the plaintiff Ms Carlill This judgment was made a defined test which is still used in the modern court system and through this case it was developed that an offer of contract can be unilateral and does not have to be made only to one. specific party It has also been developed so that acceptance of an offer does not require notification and that once the relevant party purchases the product, the contract is then active. he purchase of an item is a fine example of consideration and therefore makes it a valid contract (Smith, 2000) Understanding the details given above, we can conclude that this Carlill V Carbolic Smokeball Company case was a turning point. in contract law..