Intro To Law
Intro To Law
On the fact, the Defendant, the Carbolic Smoke Ball Company of London
(Defendant), placed an advertisement in several newspapers on November 13, 1891,
stating that its product, “The Carbolic Smoke Ball”, when used three times daily, for
two weeks, would prevent colds and influenza. The makers of the smoke ball
additionally offered a 100£ reward to anyone who caught influenza using their product,
guaranteeing this reward by stating in their advertisement that they had deposited 1000£
in the bank as a show of their sincerity. The Plaintiff, Lilli Carlill (Plaintiff), bought a
smoke ball and used it as directed. Several weeks after she began using the smoke ball,
Plaintiff caught the flu.
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Applying the foregoing to the situation in the question, it might appear at first sight
that Ali’s advertisement in the paper was no more than an invitation to treat and
therefore not capable of being accepted by any of the other parties. Ali placed an
advertisement in the Saturday edition of his local newspaper to inform and invite other
to buy his product. When Sam saw the advertisement, he immediately posted a letter of
acceptance of Ali’s offer in order to make sure he got the carpet. At 2pm that Saturday,
Eddie came to Ali’s shop and pay RM5,000 in cash to Ali without checking the
condition of the carpet as he trusted Ali’s advertisement. Ali took the cash and sold the
carpet to Eddie. On Monday morning, Sam’s letter arrived at Ali’s office.
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