preview

Case Study Of Carbolic Smoke Ball

Better Essays

In the case stated above, it’s no offer was made by Bob and Cecil. Bob views an online advertisement on Gumtree offering a second hand iphone 6. The advertisement contains the seller’s name, Cecil, and an address in Maze Hill. He did visit the seller but at the end Cecil doesn’t want to sell the iphone to Bob as few minutes earlier he had received a call from third parties that has offering a better price for the iphone 6. At last, Bob decided to sue Cecil for his irresponsibility attitude . In contract law, the definition of an offer is a promise in exchange for performance by another party. Therefore, an offer will be cancelled or terminated under particular conditions. In the same way, an offer also must be a very clear , unmistakable and directly approach to another party to a contract. Carlil v Carbolic Smoke Ball Co. 1893 , Carbolic Smoke Ball Co. has manufactured and sold The Carbolic Smoke Ball. The company has placed advertisement in various types of newspapers that has offering a reward of 100 pounds to everyone who has used the smoke ball which is three times per day as be directed and contracted influenza, colds, or any other disease. After notice the advertisement, Carlill …show more content…

Facey (1893), Facey was in discusstion situation with the Mayor and Council of Kingston regarding about the sale of his store. Harvey sent Facey a telegram which are stating: “Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid.” On the same day, Facey sent Harvey a reply by telegram which are stating: “Lowest price for Bumper Hall Pen £900.” Harvey sent Facey another telegram that has been agreed to purchase the property at the asking price. Facey doesnt want to sell and Harvey sued for specific performance and an directive to prevent Kingston from taking away the property. The trial court has been dismissed on the grounds that established contract had not been formed and Harvey appealed. The Supreme Court of Jamaica reversed and Facey

Get Access