LAW OF CONTRACT Lecture Notes - Lecture 1: Puffery, Timesdaily, Law Reports
Document Summary
Law of contract - communication of offer, invitation to treat, offer, Plaintiff - mrs carlill who is bringing the action. Defendant - carbolic smoke ball co. , who is responding to the action. Material facts: whether this was intended to be a promise at all, or, whether it was a mere puff which meant nothing. The carbolic smoke ball co produced the "carbolic smoke ball" designed to prevent users contracting influenza or similar illnesses. 100 pounds reward will be paid by the carbolic smoke. 1,000 pounds is deposited with the alliance bank, regent street, showing our sincerity in the matter . After seeing this advertisement mrs carlill bought one of the balls and used it as directed. She subsequently caught the flu and claimed the reward. The lower court passed the order in favour of the plaintiff and thusbeing aggrieved by it the defendantfiled an appeal. The plaintiff argued that the advertisement was not vague.
