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Carlill v Carbolic Smoke Ball Company  EWCA Civ 1, is a case where the court of appeal rejected the decision made by the lower court. The case is related to the formation of a valid contract discussing the elements of a valid contract specifically intention and unilateral offer and acceptance.
The defendant made an advertisement in the news paper. According to the advertisement the defendant (Carbolic Smoke Ball Company) promised to pay 100 to whoever suffers influenza if that person has used according to the instruction the product of the company as printed on the products. The advertisement further stated that the company ensures its sincerity in relation to the matter by depositing the amount with Alliance bank. The plaintiff purchased the smoke balls and used them as instructed by the company. However the plaintiff was still diagnosed with influenza even after using the products as instructed by the defendant. The plaintiff made a claim for the rewards which had been promised by the defendant however the claim had been rejected by the defendant stating that it did not have intention to establish a contractual relationship. The court held that there was objective intention of the defendant and as the plaintiff has already done the consideration the contract is binding.
1. There is a contract between the plaintiff and the defendant which provides that if the plaintiff suffers influenza after the use of the smoke balls which he did he is entitled to
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