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- 1 Q.B. 256
Contributed by UnreasonableWoman
A company posted an advertisement claiming that using its product would protect users from catching the flu. Then, a woman used the product and got sick with the flu.
Issue
Was the advertisement an offer? If so, did the plaintiff need to explicitly accept the offer?Was there consideration?
Conclusion
Yes, and no – The advertisement constituted an offer. The plaintiff accepted the offer through performance.Yes – Defendant had sufficient consideration because a person who accepted their offer was inconvenienced at defendant's request.
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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
Facts
- The Carbolic Smoke Ball Co. posted an advertisement in the newspaper offering £ 100 to anyone who used the Carbolic Smoke Ball for two weeks as prescribed and still got sick with the flu. Plaintiff Carlill, on the faith of the advertisement, used the product as directed, but contracted the flu. Carlill requested £ 100. The company refused.
- The trial judge held that the plaintiff was entitled to recover the £ 100. Defendant 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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