Carlill v. Carbolic Smoke Ball Co. [1893]

[1893] 1 QB 256 · Court of Appeal of England and Wales · England and Wales

Summary

Classic offer, acceptance, consideration, and intention case.

Facts

A company advertised a reward for users who still contracted influenza after using its product.

Issue

Was the advertisement an enforceable unilateral offer?

Held

Yes. The ad was a unilateral offer accepted by performance.

Ratio Decidendi

A clear reward advertisement can create a unilateral contract accepted by performance.

Reasoning

The deposit of money and specific promise showed intent to be bound.

Significance

Classic offer, acceptance, consideration, and intention case.

Related Cases

No related cases listed.

Exam Tips

Review the ratio and reasoning before applying this case in problem questions.

Sources