Carlill v. Carbolic Smoke Ball Co.

"Carbolic Smoke Ball" sold products of self-destructive health promotion and disease treatment in parallel with the epidemic of the then devastating influenza in the 1890s and throughout the period. Tobacco is a product used to rinse off and prevent diseases the company describes in advertisements as long as they are used as advertised. Brave publicity further indicates that they will be very confident in their products will reward those who admit the disease above for £ 100 later.

One incident related to this situation is Carlil v Carbolic Smoke Ball Co. (1892). Among the newspaper advertisements, Carbolic Smoke Ball Co., Ltd. Has purchased influenza remedies and promised to offer 100 pounds to people who were sick within 14 days. To show its sincerity, the company deposited 1,000 pounds in the bank to meet any claims. Mrs. Carl bought a remedy, claimed that he was infected with influenza and claimed to be £ 100. The court judged that the advertisement was a quotation to the world and Mrs. Carlil accepted its approval by purchasing the offer and taking remedial measures. The offer must be a clear commitment by the offer in order to be bound by the rules of the Covenant. Carlill v Carbolic Smoke Ball Co. The fact that 1,000 pounds have been deposited in the bank indicates that this is a firm offer and that the company intends to be legally binding

The unilateral offer is to promise that the party (X) accepted and decided some of the legal actions specified by X by another party (Y). For example, Carlyl v. Carbolic Smoke Ball Co. Carbolic Smoke Ball has published an advertisement that after receiving a product (medicine), those who are still afflicted receive a £ 100 within a specified time in a specified manner. Mrs. Carill appealed the company with promised remuneration. The court judged that the advertisement is a quotation for the world

As in the case of the well-known Carlill v Carbolic Smoke Ball Co decided in the UK in the 19th century, exceptions such as providing rewards will result in an exception if the advertisement makes a one-sided commitment. Carbolic, a medical company advertising tobacco being sold as a magical medicine, is designed to protect users from influenza. If it does not work, the buyer gets £ 100 and the company says they have deposited 1000 pounds in the bank to show their sincerity. At the time of indictment, Carbolic thought that advertising should be regarded as a legally binding and serious offer; instead it was just "puff" or gimmick. However, the Court of Appeal found that reasonable people judged Carbolic had made a serious offer and determined that the prize was a contractual promise.