Carlill v. Carbolic Smoke Ball Co.
Court of Appeal
[1893] 1 Q.B. 256
Relevant factsFree
Carbolic Smoke Ball Co. (Carbolic) (defendants) advertised that it would pay £100 to anyone who bought and used its smoke ball as directed yet still caught influenza, adding it had deposited £1,000 in a bank to show its seriousness. Carlill (plaintiff) bought and used the smoke ball as instructed, contracted influenza anyway, and sued for the £100 when Carbolic refused to pay; the trial court ruled for Carlill, and Carbolic appealed.
IssueFree
Whether a general advertisement of a reward constitutes an offer capable of being accepted and binding the offeror in a valid contract.