Case: Carlill v Carbolic Smoke Ball Company (1893) 1 QB 256: The following are extracts from the judgment of Bowen LJ in the case of Carlill v Carbolic Smoke Ball Company (1893) 1 QB 256:‘… It is also contended by the defendants that the advertisement is rather in the nature of a puff or a proclamation rather than a promise or offer intended to mature into a contract when accepted. But the main point seems to be that the vagueness of the document shows that no contract whatever was intended. It seems to me that in order to arrive at a right conclusion, we must read this advertisement in its plain meaning, as the public would understand it. It was intended to be issued to the public and read by the public. How would an ordinary person reading this document construe it?…Was it intended that the 100 Pounds should, if the conditions were fulfilled, be paid? The advertisement says that One Thousand Pounds is lodged at the Bank for the purpose. Therefore, it cannot be said that the statement that 100 Pounds would be paid was intended to be a mere puff. I think it was intended to be understood by the public as an offer which was to be acted upon. But it was said that there was no check on the part of the persons who issued the advertisement, and that it would be an insensate thing to promise 100 Pounds to a person who used the smoke ball unless you could check or superintend his manner of using it. The answer to that argument seems to me to be that if a person chooses to make extravagant promises of this kind he probably does so because it pays him to make them, and, if he has made them, the extravagance of the promises is no reason in law why he should not be bound by them. It was also said that the contract is made with all the world - that is, with everybody; and that you cannot contract with everybody. It is not a contract made with all the world. There is the fallacy of the argument. It is an offer made to all the world; and why should not an offer be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition? It is an offer to become liable to anyone who, before it is retracted, performs the conditions and, although the offer is made to the world, the contract is made with that limited portion of the public who come forward and perform the conditions on the faith of the advertisement. It is not like cases in which you offer to negotiate, or you issue advertisements that you have got a stock of books to sell, or houses to let, in which case there is no offer to be bound by any contract. Such advertisements are offers to negotiate - offers to receive offers. If this is an offer to be bound, then it is a contract the moment the person fulfils the condition’.
Questions:1.What arguments were used by the Carbolic Smoke Ball Company to try to establish that there was no offer?
2.Upon what grounds did the court find that the advertisement constituted an offer?
3.To whom was the offer made? Who could accept it, and how? How could the offer have been properly withdrawn? Why was the advertisement not an invitation to treat?
4.What is the distinction between a subjective test and an objective test? In establishing the proper meaning or construction to be attributed to the advertisement, did the court apply a subjective or objective test? Explain
MyAssignmenthelp.com is the perfect solution for all academic problems. We have hired full time professionals to assist students from different fields of study. We boast separate wings of experts for handling assignment writing tasks in different subjects. Hence, we successfully provide highest quality nursing assignment help, programming language assignment help, finance assignment help, hr assignment help, IT assignment help and much more.
Just share requirement and get customized Solution.
Orders
Overall Rating
Experts
Our writers make sure that all orders are submitted, prior to the deadline.
Using reliable plagiarism detection software, Turnitin.com.We only provide customized 100 percent original papers.
Feel free to contact our assignment writing services any time via phone, email or live chat. If you are unable to calculate word count online, ask our customer executives.
Our writers can provide you professional writing assistance on any subject at any level.
Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.
Get all your documents checked for plagiarism or duplicacy with us.
Get different kinds of essays typed in minutes with clicks.
Calculate your semester grades and cumulative GPa with our GPA Calculator.
Balance any chemical equation in minutes just by entering the formula.
Calculate the number of words and number of pages of all your academic documents.
Our Mission Client Satisfaction
Dear Expert Thank you for your service and support. The work was good, I got 72%.
Australia
WHAT AN FANTASTIC OUTCOME I RECEIVED!! My essay subject was very difficult with many parts! My MAH\'s expert NAILED IT!!!! thanks a million! I WILL BE BACK!
Australia
It was a very well done job. The writings are accurate and supported with reliable resources which were related to the assignment. It was done on time and quick service.
Australia
Hi, Received the grades for this assignment this morning. Good grades with some minor feedback. Professor is happy with the content, referencing and especially the way assignment was written. Please pass on my thanks and regards to the expert who did...
Australia