Case Study: Carlill v. Carbolic Smoke Ball Co. [1891-4] All ER 127 | Contract Law
Rationale: An advertisement can constitute a unilateral contract, which can be accepted by fulfilling the conditions of the contract; no formal acceptance required. The determination of a serious offer will be determined from the words and actions. The terms of the contract (if vague) will be interpreted purposively from the contract. The offeror can determine how acceptance of offer will be made. Facts of the case: On Nov. 13, 1891, Defendants gave an advertisement regarding their product i.e. Carbolic Smoke Ball of which they claimed that person consuming this as mentioned in advertisement would never come in contact with influenza pandemic. Further, Defendants announced a reward of 100 pound for those who will come in contact with influenza after consuming carbolic smoke ball. Advertisement is as: “£ 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 use...