Basic Business Law: Carbolic Smoke Ball Company

Basic Business Law: Carbolic Smoke Ball Company

Free Samples

Basic Business Law: Carbolic Smoke Ball Company

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

Basic Business Law: Carbolic Smoke Ball Company

0 Download4 Pages / 910 Words

Discuss about the Basic Business Law for Carbolic Smoke Ball Company.

Facts of the case
Carlil Smoke Ball Co. (Def) had made to pay 100 pounds to the person who contracts flu after using smoke ball. The Carlil Smoke ball Co. Asserted to cure for influenza and the other diseases. The smoke ball was rubbers Carlil (plaintiff) used the Smoke ball but contact flu. The Carbolic Smoke Ball Co produced the ‘Carbolic Smoke Ball’ that is designed to avert users suffering  influenza or related disease. The ad for the product was as follows:
Carlil Smoke Ball Co. (Def) will pay a reward of 100 pounds reward to an individual who contracts the growing epidemic influenza, colds, or any disease from cold, subsequent to using the ball three times daily for two weeks as per the directions given with each ball.  Further the advert stated that a sum of 1,000 pounds is deposited with the Alliance Bank, Regent Street, in regard of performance in the matter(McKendrick, 2014).
Mrs Louisa Elizabeth Carlill purchased the balls and used it as per the mentioned direction, three times a day, from November 20, 1891, to January 17, 1892, while she contracted influenza. Due to this she claimed the compensation; where The Company declined to pay, even after getting a notice from the solicitor(ACL,2013).
Arguments of the plaintiff 
Mrs. Carlil sued the company arguing existence of contract between the parties while considering her confidence in the product.
The advertisement made by Carlil Smoke Ball is a valid offer and was not an empty swank. It was made to the public and an individual does the particular act there is a contract. Performance of the act comprise acceptance for which further communication is not important. In case of an open offer, nothing can be introduced supplementary than the fulfillment of the conditions. Such an offer doesn’t require a notice for fulfilling the condition. There is a binding contract and the terms were not indistinct and unsure(Jalil, 2011).
Arguments of the defendant
Carbolic Smoke Ball Co said that there was no binding contract and the advertisement expressed an intention, that doesn’t create a legal obligation. The advertisement was unclear to constitute a contract, as there was no consideration from the plaintiff. The supposed contract enables an individual to steal and use the balls in order to claim the reward. In order to perform a contract, there needs to be communication of purpose to accept the offer. According to Carbolic Smoke ball simply performing an act in private is not enough to consider it as a contract(Knapp, Crystal & Prince,2016).
Reason for the decision of the case
It was noted that the advertisement constituted an offer. There was a binding contract. The offer was too unclear to constitute an offer due to an absence of fixed time limit for catching influenza. The intention behind the advertisement was clear that directly states the purpose for creating legal relationship.
Decision of the court
I do agree with the judgment given by Lord Justice Lindley on the following grounds:
The advertisement in its plain meaning was meant for the community and to be read by the public. The purpose was to instigate sales and to attract people to use smoke ball. For the reason an offer has to be made to the world at large. The contract would be made with those who fulfill the condition attached with it(Smits, 2017). It is not possible to be informed of acceptance of the offer, and the performance of act. The Consideration exists at the time when sale was made.  Carbolic Smoke ball has clearly stated its intention in the advertisement. The purpose was to create a legal obligation. There was consideration for some reason to promote their sale. The intention is pretty much clear. The situation was not vague and clearly states a commitment to pay a sum in case of non-fulfillment of mentioned situation (McKendrick,2014). 
An offer can be made to the whole world will be fulfilled as and when an individual fulfill the obligation. There is no necessity to notify the acceptance – There is no need for notification of acceptance in case of an open offer. Anyone can accept the offer under such a situation. The offeror will be responsible to fulfill all the obligations attached with it. An inference need to be made from the transaction itself in order to perform the condition. This condition doesn’t attract notification. Furthermore, the act was not a mere puff. Lord Justice Lindley stated that – the deposit of a sum with the bank showcases genuineness.  This would be an insensitive thing to guarantee such sums to individuals unless possible to confirm their method of using it(Poole, Devenney & Shaw-Mellors,2017). 
ACL, (2013). Carlill v Carbolic Smoke ball Company  [1893] 1 QB 256.(ONLINE). Retrieved from: Accessed on: 9 October 2017
Jalil, A. (2011). Clarification of rules of acceptance in making business contracts. J. Pol. & L., 4, 109.
Knapp, C. L., Crystal, N. M., & Prince, H. G. (2016). Problems in Contract Law: cases and materials. Wolters Kluwer Law & Business.
McKendrick, E. (2014). Contract law: text, cases, and materials. Oxford University Press (UK).
Poole, J., Devenney, J., & Shaw-Mellors, A. (2017). Contract Law Concentrate: Law Revision and Study Guide. Oxford University Press.
Smits, J. M. (Ed.). (2017). Contract law: a comparative introduction. Edward Elgar Publishing.

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.


Yes, alert me for offers and important updates


Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 4 pages


*The content must not be available online or in our existing Database to qualify as

Cite This Work
To export a reference to this article please select a referencing stye below:


My Assignment Help. (2018). Basic Business Law: Carbolic Smoke Ball Company . Retrieved from

“Basic Business Law: Carbolic Smoke Ball Company .” My Assignment Help, 2018,

My Assignment Help (2018) Basic Business Law: Carbolic Smoke Ball Company [Online]. Available from:[Accessed 19 December 2021].

My Assignment Help. ‘Basic Business Law: Carbolic Smoke Ball Company ‘ (My Assignment Help, 2018) accessed 19 December 2021.

My Assignment Help. Basic Business Law: Carbolic Smoke Ball Company [Internet]. My Assignment Help. 2018 [cited 19 December 2021]. Available from:

.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}


Thank you for your interest
The respective sample has been mail to your register email id


$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1

Account created successfully!
We have sent login details on your registered email.



For years, has been operating as one of the cheap assignment help providers in the USA. We are one of the best college paper writing services that keep service price minimal. We do not let the affordability of our service to hamper the standard of our work. We have separate teams of experts to provide report writing help . At, we believe in earning credibility, so students can pay for assignments only after getting satisfied solutions. Tough assignments bother you? Trust us with your project. You will not regret paying us to write assignments for you.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;

BU1112 Business Law
Download :
0 | Pages :

Course Code: BU1112
University: James Cook University is not sponsored or endorsed by this college or university

Country: Australia

Part A
Whether Stella is considered as an employee of PRX?
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :

Course Code: BSBWHS605
University: Swinburne University Of Technology is not sponsored or endorsed by this college or university

Country: Australia

Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :

Course Code: BUSN331
University: Centennial College is not sponsored or endorsed by this college or university

Country: Canada

In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :

Course Code: LA1040
University: University Of London is not sponsored or endorsed by this college or university

Country: United Kingdom

A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :

Course Code: TLAW202
University: Top Education Institute is not sponsored or endorsed by this college or university

Country: Australia

If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …


Our Essay Writing Service Features

Qualified Writers
Looming deadline? Get your paper done in 6 hours or less. Message via chat and we'll get onto it.
We care about the privacy of our clients and will never share your personal information with any third parties or persons.
Free Turnitin Report
A plagiarism report from Turnitin can be attached to your order to ensure your paper's originality.
Safe Payments
The further the deadline or the more pages you order, the lower the price! Affordability is in our DNA.
No Hidden Charges
We offer the lowest prices per page in the industry, with an average of $7 per page
24/7/365 Support
You can contact us any time of day and night with any questions; we'll always be happy to help you out.
$15.99 Plagiarism report
$15.99 Plagiarism report
$15.99 Plagiarism report
$15.99 Plagiarism report
$3.99 Outline
$21.99 Unlimited Revisions
Get all these features for $65.77 FREE
Do My Paper

Frequently Asked Questions About Our Essay Writing Service

Academic Paper Writing Service

Our essay writers will gladly help you with:

Business Plan
Presentation or Speech
Admission Essay
Case Study
Reflective Writing
Annotated Bibliography
Creative Writing
Term Paper
Article Review
Critical Thinking / Review
Research Paper
Thesis / Dissertation
Book / Movie Review
Book Reviews
Literature Review
Research Proposal
Editing and proofreading
Find Your Writer

Latest Feedback From Our Customers

Customer ID:  # 678224
Research Paper
Highly knowledgeable expert, reasonable price. Great at explaining hard concerts!
Writer: Raymond B.
Customer ID: # 619634
Essay (any type)
Helped me with bear and bull markets right before my exam! Fast teacher. Would work with Grace again.
Writer: Lilian G.
Customer ID: # 519731
Research Paper
If you are scanning reviews trying to find a great tutoring service, then scan no more. This service elite!
Writer: Grace P.
Customer ID: #499222
Essay (any type)
This writer is great, finished very fast and the essay was perfect. Writer goes out of her way to meet your assignment needs!
Writer: Amanda B.
Place an Order

Calculate the price of your order

You will get a personal manager and a discount.
We'll send you the first draft for approval by at
Total price:

Powered by

× WhatsApp Us