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Carlill v. Carbolic Smoke Ball Co.

England and Wales Court of Appeal
[1893] 1 Q.B. 256

Written by Megan Petersen, JD

Facts

The owners of Carbolic Smoke Ball Co. (Carbolic) (defendants) manufactured the Carbolic Smoke Ball and advertised it as a preventative measure against influenza. Carbolic placed an advertisement in several London newspapers saying that 100 pounds would be paid to any person who purchased a Carbolic Smoke Ball and still contracted influenza. The advertisement further stated that Carbolic had deposited 1,000 pounds in a local bank to demonstrate its seriousness in the matter. Louisa Carlill (plaintiff) purchased a Carbolic Smoke Ball, used the ball as directed by Carbolic’s instructions for two months, and got influenza while still using the ball. Carlill sued Carbolic to recover the 100 pounds. The trial court held Carlill was entitled to the 100 pounds. Carbolic appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lindley, J.)

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