LAWS 2202 Lecture Notes - Lecture 6: Fletcher Challenge, California State Route 1, Implied Warranty
22 Apr 2016
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Mother of all contracts: facts plaintiff purchases carbolic smoke ball on the basis that she would get is she contracted influenza, which she did. The smoke ball claimed to be a cure for influenza and a number of other diseases. They published advertisements claiming they would pay to anyone who got sick which using this product according to instructions set out in advertisement (3 times daily for two weeks). After plaintiff attempted to receive compensation they replied stating they would need her to come in to their office and use the ball each day to prove she was using it for two weeks. Issues was the promise a binding promise or a mere puffery . The company argues that it is not a serious contract (no intention to have a legal relationship) An issue in all contract cases is whether there was intention to create a legally.
