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. Carlill (plaintiff) purchased a Carbolic Smoke Ball and later contracted influenza despite using the ball as directed by Carbolic’s instructions. Carlill brought suit to recover the 100 pounds. The trial court held she was entitled to the 100 pounds, and Carbolic appealed.
Rule of Law
Issue
Holding and Reasoning (Lindley, J.)
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