Carlil v Carbolic Smokeball Co. [1892] 2 Q.B. 484; affd [1893] 1 QB 256

Carlil v Carbolic Smokeball Co. is a famous case in English contract law that established the principle of unilateral offers¹².

• The defendant company advertised a medicine called a “carbolic smoke ball” and promised to pay £100 to anyone who used it and still contracted influenza¹².
• The claimant, Mrs Carlil, bought and used the product as instructed, but still caught the flu and claimed the reward¹².
• The company refused to pay, arguing that the advertisement was not a serious offer, but a mere “puff” or invitation to treat¹².
• The Court of Appeal held that the advertisement was a valid offer that could be accepted by anyone who performed the conditions of the offer¹².
• The court also held that the claimant provided consideration by using the product, which benefited the company by increasing sales and publicity¹².

The relevance of the case is that it clarified the distinction between offers and invitations to treat in contract law³. It also showed that an offer can be made to the world at large, and that acceptance can be implied by conduct without communication³. The case is often cited as an example of a unilateral contract, where only one party assumes an obligation upon performance by the other party⁴. The case also influenced the development of consumer protection laws, as it demonstrated the need for honesty and fairness in advertising practices⁵.

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(1) Carlill v Carbolic Smoke Ball Co – Case Summary – IPSA LOQUITUR. https://ipsaloquitur.com/contract-law/cases/carlill-v-carbolic-smoke-ball/.
(2) Carlill v Carbolic Smoke Ball Co – 1893 – LawTeacher.net. https://www.lawteacher.net/cases/carlill-v-carbolic-smoke-ball-co.php.
(3) Carlill v. Carbolic Smoke Ball Co. (England, 1892): Expert Analysis. https://dandylaw.com/carlill-v-carbolic-smoke-ball-co-england-1892-expert-analysis/.
(4) Carlill vs. Carbolic Smoke Ball Co. (Court of Appeal 1893) Case Summary …. https://lawplanet.in/carlill-vs-carbolic-smoke-ball-co-case-summary/.
(5) Carlill v Carbolic Smoke Ball Co – Wikipedia. https://en.wikipedia.org/wiki/Carlill_v_Carbolic_Smoke_Ball_Co.
(6) undefined. https://www.lawteacher.net/cases/carlill-v-carbolic-smoke-ball-co.php?vref=1.