Case Submission

College
Essay
Miscellaneous
Pages 5 (1255 words)
Download 0
Contracts are the basis of many of our daily activities. They provide the means for individuals and businesses to sell and otherwise transfer property, services, and other rights. Without enforceable contracts, commerce would collapse.
A contract is an agreement that is enforceable by a court of law or equity…

Introduction


The Carbolic Smoke Ball Company made a product called a smoke ball that it claimed could protect the user from contracting influenza. The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (phenol). The tube was then inserted into the user's nose. It was squeezed at the bottom to release the vapours into the nose of the user. This would cause the nose to run, and hopefully flush out the cold. In fact the inflammation caused by the device would have probably increased susceptibility to catching influenza.
100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds or any disease caused by taking cold, after having used the ball three times daily for two weeks according to the printed directions supplied each ball. 1000 is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter.
The Carbolic Company claimed that there was no enforceable contract between it and the user of the smoke ball on the grounds that there was no acceptance of its offer, because Mrs Carlill had never notified the Company that she accepted its offer, or consideration, since the Company did not receive any benefit from a purchaser's use of the product once the sale had been completed.
The court rejected ...
Download paper
Not exactly what you need?

Related papers

Case Study Analysis of Carl Robbins
The first problem in the case is the lack of goal-setting. Robbins could have set his objectives and goals initially since once everything is done, he has his standards wherein he can measure his accomplishments with to see if he has done everything effectively and efficiently. He should have list down his general goals and then narrowed it down to the specific goals making sure that he did things…
Case study Case Study
An order for specific performance of the contract was appropriate because of two reasons: 1) the Wirraway was not at the time in flying condition, and 2) the plane was in a hangar owned by a third party.…
Case Submission
The Carbolic Smoke Ball Company made a product called a smoke ball that it claimed could protect the user from contracting influenza. The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (phenol). The tube was then inserted into the user's nose. It was squeezed at the bottom to release the vapours into the nose of the user. This would cause the nose to run, and…
Case Studies in Busines
The Army has been forced to deal with several high-profile sexual harassment cases. Its former top enlisted man was court-martialed on sexual-misconduct charges, but a jury cleared him of all but an obstruction of justice count. A retired major general was convicted at court-martial of having affairs with the wives of his subordinate officers. (Scarborough, 2000)…
Love is Submission and Sacrifice
If a person who reads this story is doubtful of Mabel's and Jack's love for each other simply because they do not believe in love at first site, one must consider the fact that, in actuality, they did know each other since long though their previous encounters were formal until they meet at the stream. This story leads us to wonder how long they had really harbored this love for each other. How…
Bus Ethics/Jacksonville Shipyards case
The court did, in fact, find in favor of the female employees and also found that the elimination of sexual discrimination was more important than preserving the free speech rights of those inflicting pain and discomfort through their words and actions. Yet, there have been cases in which other courts have found that telling sexual jokes or displaying sexual images are not a form of sexual…