Anadvertisementwith element of reward is a public offer.
Carlill vCarbolicSmokeBall Co
An advert placed for 'smoke balls' to prevent influenza.offered to pay £100 if anyonecontracted influenza after using the ball. Deposited£1,000 with the AllianceBank to show their sincerityin the matter. The plaintiff bought one of the balls butcontracted influenzashe was entitled to recover as
The deposit of money showed anintention to be bound, therefore theadvert was an offer;
It was possible to make an offer to the world at large, which isaccepted by anyone who buys asmoke-ball;
The offer of protection wouldcover the period of use; and
The buying and using of thesmoke-ball amounted to acceptance.Acceptance of offer has to becommunicated.
R v Clarke
The Government offered areward for informationleading to the arrest of certainmurderers and a pardon to anaccomplice who gave theThe court dismissed the case. Therecannot be assent without knowledgeof the offer; and ignorance of theoffer is the same thing whether it isdue to never hearing of it or