Topic > Carlill v. Carbolic Smoke Ball Co. - 3134

The "Carbolic Smoke Ball" company sold these self-proclaimed health-enhancing and disease-curing products during and throughout the 1890s, paralleling the catastrophic influenza pandemic of the time. The smoke ball was a product created to flush out and prevent the diseases that the company advertised as, as long as it was used as directed in the advertisement. A bold, sales-boosting campaign also claimed that they were so confident in their product that they would reward anyone who contracted the diseases mentioned with £100. They also set aside money in a bank account (just enough to reward 10 claimants with their compensation) to demonstrate the sincerity of their claim. ''The Carbolic Smoke Ball Company will pay a £100 reward to anyone who contracts flu after using the ball three times a day for two weeks according to the printed instructions supplied with each ball. £1000 is deposited with Alliance Bank, demonstrating our sincerity in this matter'' E-LAWRESOURCES. (2012). Inevitably, there was a complaint. Mrs. Louisa Elizabeth Carlill, based on what was stated in the advertisement, purchased one of the balls at the local pharmacy, using it as directed. Despite this, Mrs Carlill contracted a cold. The husband contacted the company about how his wife had contracted the disease after using the product. Carbolic Smoke Ball Co. in response asked Ms. Carlill to come to them three times a day, for the necessary 14 days, to demonstrate to them, directly, that she had sufficiently used the product. Mrs Carlill refused, having already used the product for the 14 days in the intended manner and proceeded to sue the Company for breach of contract (ABBOT 1892: 203). The company, in c...... middle of paper . .....(2006) Textbook on contract law. 8th edition. New York: Oxford University Press Inc.• RICHES, S. and ALLEN, V. (2013) Keenan and Riches Business Law. Eleventh edition• SKINNER, R. (2006) A guide to contract law. Brighton: Simple Publication• Slideshare (2004) Carlill v Carbolic smoke Ball Company [online] Available from: http://www.slideshare.net/VivekAnanda1/carbolic-smoke-ball-co [Accessed: 2 January 2014]• STONE , R (2013) Modern contract law. 10th edition. New York: Routledge• HILLIARD, J. AND O'SULLIVAN, J. (2012) The Law of Contracts [Online] 5th ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2 January 2014]Legal cases• Bowerman v Association of British Travel Agents Ltd [1996] CLC 451 35• Carlill v The Carbolic Smoke Ball Co Ltd [1893 ] 1 QB 256• Donoghue vs. Stevenson [1932] AC 562… 5,429,442