Carlill v. Carbolic Smoke Ball Co.

Case
Carlill v. Carbolic Smoke Ball Co.
Court
Court of Appeal (England)
Year
1893
Area
Law of contract
Summary

The company advertised a reward to anyone who used its smoke ball and still caught influenza. The Court held the promise a binding offer accepted by use — a classic on offer, acceptance and consideration.

Holding

An advertisement promising a reward can be a binding unilateral offer accepted by performance; a deposit of money to meet claims showed an intention to create legal relations.

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