Assignment for the case of Carlill or Carbolic Smoking Ball Co. Ltd
a) Explain whether there was any contract manufactured between Carlill and Carbolic Smoke Ball or not? Give reason.
Yes, there was agreement made between Carlill and Carbolic Smoke cigars Ball Co. Ltd. Similar was put into newspaper and said that the smoke ball product could prevent autorit? if the buyers used it since directed and in spite with this if the purchaser catches influenza than the firm would give ВЈ100 to the consumer as compensation. So this is definitely the case of your general present (section twelve, Nepalese Deal Act 2000). When both parties legitimately obey the terms of condition of this offer compared to the contract is done. In this case, anyone that accepts the disorder by buying the product and uses it because directed is definitely an offeree and the company is the offerer while ВЈ100 is the amount that is directed at the offeree if the conditions are not met i. elizabeth. if the client catches autorit?. So Ms Carlill entered into the contract with Carbolic Smoke Ball Co. Ltd as soon as the girl bought the smoke projectiles and tried it as described. It was an agreement and subsequent points may be summarized promoting it: -- вЂў similar was plainly an offer
вЂў the terms and conditions were crystal clear
вЂў provide was duly accepted by Ms Carlill when the obtain was made and acts performed accordingly вЂў no detect of approval was required
But if the Carbolic Smoke Ball Co. Limited had withdrawn the offer before Carlill used or reacted widely to the usage of the smoking ball than there would not have been an agreement.
b) Will you agree that Ms Carill cannot recognize the offer? Why?
I do not really agree that Ms Carlill cannot agree to the offer. This is because the advertisement was a standard offer that anyone can accept regardless of age, gender, occupation or anything else (unless and until they were of unsound mind or minor) and as the condition was that the buyer was required to follow the teaching and...