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Western University
Philosophy 2080
James Hildebrand

Decisions Ratios and Case Outcomes MajorityDissenting All Levels of Court Philosophy 2080 Contract LawTerm Test II Terms definitions and concepts from Classes 712 o Go through notes and write out all terms definitions and conceptsReview Frieds thesis Decisions and Ratios Majority and Dissenting for all levels of court for each case o Look at Classes for specifics and important facts o Add stuff from Hildebrands description of cases in lecturesQuestions and Answers from Classes 712Google casesCase Briefs to see significance and for clarification purposes o What did each of these cases do for contract law o What legal concepts did each case create or attribute toIntro to Contract Law Carlill v Carbolic Smoke Ball Co Promise to pay anyone who got sick after using their product At trial decision for plaintiff can recover the reward Court of Appeal EnglandDefendant AppealingAppeal denied Lindley LJo Not a bet and surely not a policy of insurance defendant has no license or legal right to sell insurance o Distinct promise expressed in language that is perfectly unmistakeable o Defendants stated in the ad that they were sincere in the matter not a mere puffThere is a promise as plain as words can make it o Performance of stated conditions serves as acceptance of the offerAd states this advertisement is an offer to pay 10000 to anyone who will perform these conditions o Unilateral offer no notice of acceptance required the plaintiff performing the conditions serves as notice of acceptance o The advertisement in itself produced a sale for the defendants which is directly beneficial for them constitutes a considerationFurther the plaintiff suffered a detriment by using the smoke ball for two weeks and not reaping its benefitsThus we have a benefit for the promisor and a detriment to the promisee and ample consideration for the promiseDefendants Argument o Not a contract with the plaintiff but an ad to the public at large o No one identified in particular no offer to plaintiff o No acceptance of offerNo notification of acceptance o Ad was a mere puff not to be taken seriously o Had the nature of a bet not to be enforced by law o Had the nature of an insurance policy plaintiff is not an insurero No considerationIntroduction to Contract
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