Carhil v Carbolic Smoke Ball Company (1890)
In this case an offer was made to the world that if you were to take this smoke bomb according to directions, you would not contract influenza. The company promised to pay anyone 100 pounds if you contracted influenza after using the smoke ball for 14 day according to directions. Mrs Carhill followed the terms and conditions of this offer but unfortunately contracted influenza. When she went to claim her money, the company refused to pay her.
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Courts findingThe courts finding was that the company had an obligation to pay Mrs Carhill the money as she accepted the offer made to her and followed the terms and conditions of that offer. (Green, 2013)
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