Contract Act 1872

CASE- 2
GENERAL OFFER

CARLILL V. CARBOLIC SMOKE BALL COMPANY

 SUMMARY
 1) In 1889-1890, many people were suffering from Influenza and almost 1 Million people died.
 2) So, A Carbolic Smoke Ball Company made a product called "Smoke Ball". It claimed to be a cure for
influenza..
 3) The Company published advertisements in the Pall Mall Gazette on November 13, 1891, claiming
that it would pay £100 to anyone who got sick with influenza after using its product according to the
instructions.
 4) Instructions were £100 reward will be paid by the Company to any person who contracts influenza
after having used the ball three times daily for two weeks.
 5) Mrs. Louisa Elizabeth Carlill saw the advertisement.
 6) she bought a smoke ball and used it as directed. Several weeks after she began using the smoke ball,
Plaintiff caught the flu.
ADVERTISEMENT
 FACTS
• 1)On behalf of the Company, it was contended that acceptance
has to be given to an offer to make a valid contract and Mrs.
Carlill did not communicate her acceptance to the company.
•
• 2). Also the offer was not made to Mrs. Carlill in particular.

• 3). Thus company is not liable to pay the reward.

• 4). The componey deposited 1000 pounds to a bank , to show a

sincerity.
CONCLUSION

 1)The court held that offers could be made to the public at large.

 2)The performance of the conditions in the offer is sufficient enough to be considered as

acceptance and it need not be communicated.

 3)Mrs. Carlill was entitled to receive hundred pounds from the company.
 4) In General offer (made to public at large) acceptance need not be communicated by
the acceptor..
 5) It is enough that the conditions of the offer are fulfilled by the acceptor.