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Carlill v. Carbolic Smoke Ball

- [1893] 1 Q.B. 256

Contributed by ALAB

A company’s advertisement included a promise to give customers a reward if the product was ineffective. This ad was an offer to form a contract, and users who didn’t receive the promised results are entitled to the reward.

ICRA

Issue

Is an advertisement for a product that promises a reward to customers who use the product and don’t achieve certain results an offer that may be accepted by customers to form a binding contract?

Conclusion

Yes, the advertisement was an offer and Carlill’s use of the product was acceptance, forming a contract. Carbolic owes Carlill the £100 reward.

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Rule

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

Analysis

Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum

Brief Facts & Holding

Facts

  • Carbolic Smoke Ball advertised their product as an illness preventative, and the ad included a promise to pay £100 to anyone who uses the product as directed and still gets sick. The advertisement also stated Carbolic had placed £1000 in a bank to demonstrate their offer was “serious.” Carlill purchased a ball and used it according to the directions, and got sick. Carlill sued for the £100 reward, and the trial court agreed; Carbolic appealed.

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Holding

  • Hey! This is the holding for Pennoyer v. Neff. It probably isn't the holding for the brief you're looking at. Join LSD+ for full access.
  • A named property within the court's jurisdiction is attached to satisfy an unrelated claim, despite the owner of said property being a non-resident of the state.
  • A named property within the court's jurisdiction is attached as the basis for the suit (e.g., to quiet title), despite the owner of said property being a non-resident of the state.
  • An individual is sued who is a resident of the state, or who has been served with process while physically located within the state.
  • jurisdiction - Neff is neither a resident, nor was served while within the state. Service by publication may be valid for an
  • proceeding, where the owner would be made aware of the suit due to their property being seized, but not for
  • jurisdiction - the action was on the basis of a suit to receive payment owed, and did not relate directly to a property within the state.
  • jurisdiction, as the Oregon property was not attached to the initial suit, but rather was added in after the suit happened - note that Neff did not even purchase the property until after the suit had concluded.
  • Accordingly, the Oregon court did not have jurisdiction over the initial suit between Neff and his lawyer.
  • Enforcement of a judgment without jurisdiction denies due process!
  • Additionally, although judgments rendered by other states are entitled to full faith and credit, if that state did not have jurisdiction to render the judgment, it loses such entitlement.
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Carlill v. Carbolic Smoke Ball

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