Carlill V Carbolic Smoke Ball Co

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    Crown Awards, Inc. V. Discount Trophy & Co., Inc.

    Crown Awards, Inc. v. Discount Trophy & Co., Inc. U.S. Court of Appeals, Second Circuit 2009 U.S. App. Lexis 8540 (2009) Material Facts of the Case: Crown Awards is a retailer of awards and trophies sold through mail order catalogs and via the Internet. Crown designed and sold a diamond-shaped spinning trophy for which it owned two copyright registrations. Discount Trophy is one of Crown’s competitors, and it sold a trophy that was substantially similar to Crown’s Spin Trophy. Crown requested

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    Business Law

    offer can be accepted by any person by fulfilling the terms of the offer. In case of general offer, the contract is made with person who having the knowledge of the offer comes forward and acts according to the condition of offer. * Carlill v Carbolic Smoke Ball Co. * If any person, by means of a advertisement, advances an offer in public to the effect that he will pay a specified remuneration to any person for performing any work specified in the advertisement, and if any person performs the

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    Business Law

    safety and s14(2) .e) durability.14(3) of the sales of goods act states that goods must be fit for purpose in relevance. Section 14(2) deals with instances where goods are usable but have some form of defect. Examples include Ltd Rogers and Another v Parish (Scarborough) and Another 1987 where the Court of Appeal held that a series of defects in a Range Rover made it unmerchantable (not of satisfactory quality) even though it was fit to drive. The relation to the case at hand the Tefal active fry

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    Ball

    Green Peppers Beef with Snow Peas Beef with Vegetables Kung Pao Beef Beef Szechuan Style Beef w/Green Beans Mongolian Beef Beef w/Spicy Ginger Sauce Basil Beef (Jalapenos, ginger, fresh garlic, celery, sugar snaps) 8.95 10333 E. Costilla Ave Englewood, CO 80112 TEL: (303) 792-5528 Kung Pao Pork Pork with Vegetables Pork w/Black Bean Sauce Pork w/Garlic Sauce Broccoli with Garlic Sauce Assorted Vegetables Szechuan Vegetables Tofu with Kung Pao Sauce Tofu with Garlic Sauce Tofu with Vegetables Kung Pao

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    Carlill V. Carbolic Smoke Ball Co.

    Sample case summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Prepared by Claire Macken Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration

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    R. Williams Construction Co. V. Oshrc

    R. WILLIAMS  R. Williams Construction Co. v. OSHRC Employment Law for Human Resource Practice Professor Jama Rand Mishell December 2, 2012 Introduction This case is based around the laws and regulations of OSHA. OSHA is an Occupational Safety and Health Act that has been put into place to ensure the safety of employees while on the job. These regulations are put into place to help reduce the number of on the job injuries and death. In this case

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    Acnb

    important things that people can tell a lie in front of the judge though as they swear to tell truth (perjury). For example Noel Edmonds v Ulrik Lawson 2011 demonstrates how oral agreements can lead to misunderstandings between the parties, which can result in significant legal costs when the courts are required to interpret the terms of the agreement and Sharma v Simposh 2011 provides a useful reminder that an oral agreement can be void because the agreement in question requires specific formalities

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    T&W Building Co V. Merrillville Sport & Fitness Inc.

    Running Head: T&W Building Co v. Merrillville Sport & Fitness Inc. T&W Building Co v. Merrillville Sport & Fitness Inc. Keller Graduate School of Management Professor: James Keenan Business Law: Strategic Considerations for Managers & Owners April 2013 Parties T&W Building Company, the landlord, the defendant in the case. Merrillville Sport & Fitness, INC., the tenant, the plaintiff in the case. Facts T&W Building Company entered into a five-year

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    Contract Law

    Sample case summary of Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Prepared by Claire Macken Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration

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    Contract Law

    by acceptance. Case (Carlill v Carbolic Smoke Ball Co), Carbolic Smoke Ball co had stated in an advertisement that £100 will be rewarded to any person who after using the ball and still caught flu. However, Mrs. Carlill bought and used the smoke ball and ended up with flu. Therefore, she claimed the £100 from the company and they refused to pay her even receiving letters from Mrs. Carlill’s husband, who was a solicator. In the end, Mrs. Carlill sue the company. Mrs. Carlill sued, arguing that there

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    Cytec Industries Pte Ltd V Asia Pulp & Paper Co Ltd

    Cytec Industries Pte Ltd v Asia Pulp & Paper Co Ltd [2009] SGHC 32 Suit No: Suit 161/2007 Decision Date: 09 Feb 2009 Court: High Court Coram: Choo Han Teck J Counsel: Yap Yin Soon and Edmund Tham Weiheng (Allen & Gledhill LLP) for the plaintiff, Adrian Tan and Ho Kheng Lian (Drew & Napier LLC) for the defendant Subject Area / Catchwords Contract Judgment 9 February 2009 Judgment Reserved Choo Han Teck J: Introduction 1 This dispute revolves around

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    Contrct Law

    it's become offeree. A uniletaral offer it is a one sided promise to pay or reward someone for performing and act ,promise because it is made without it is one sided the offeror knowing who the offeree is for example,see the case of Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256, CA. According to S4(1) of the contract act 1950 cominication of the offer its complete when the offeree knows about it there will be no offer unless it is clearly cominicated to the offeree and it must be to knowledge

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    Matimak Trading Co. V. Khalily

    Case: Matimak Trading Co. v. Khalily 118 F. 3d 76 – Court of Appeals, 2nd Circuit (1997) Facts: Under 28 U.S.C. § 1332(a)(2), Matimak Trading Co. is not a "citizen or subject of a foreign state." Procedure: United States Court of Appeals, 2nd Circuit Issue: Can a corporation based in Hong Kong be considered a citizen or subject of a foreign state for the purposes of alienage jurisdiction? Is Matimak Trading Co. a citizen or subject of a foreign state and therefore subject to invoke the

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    Business Law

    oral contract for sale of goods. There is no necessity for a contract to be in writing as it can be also made orally or being written, or a combination of both. Only a contract involving the sales and transfer of land needs to be in written form. Carlill is frequently cited as a leading case in the common law of contract, particularly where unilateral contracts are concerned.  Identify the issue The legal issue here is whether Packard is able to take any action against Hewlett on the claim that

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    Janet Can Sue Jack for Breach of Contract.

    made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation. (Srivastava, 2012) Refer the related case law with judge statement help to state general rules: According to Carlill v Carbolic Smoke Ball Co. (1893), Offer is a definite proposal made to the offeree by the offeror. There must also be intent to be bound by such an offer. State the case situation which matches the case law. Conclusion Offer and acceptance Elements:

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    R. Williams Construction Co. V. Oshrc

    R. Williams Construction Co. v. OSHRC LEGAL ISSUE R. Williams Construction Company v. OSHRC is a case regarding the rules and regulations of OSHA verse the practices of a construction company. OSHA (Occupational Safety and Health Act) is a government regulated organization that was created to ensure the safety of employees while on the job. The regulations of OSHA have been put in place to eliminate and/or reduce the number of on the job injuries and deaths. Therefore, legal issue of

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    United States V. Carroll Towing Co

    state it in algebraic terms: if the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B less than PL.” A formula like this was also suggested in the T.J. Hooper v Northern Barge Corporation, another tugboat case, in which it was negligent to not equip the tugboats with radios in case of a storm, in which a cargo of coal was lost. In conclusion, the bargee was away from the barge for almost 24 hours. As stated

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    Smoke

    weight loss, shortness of breath, and chest pains.[1] The most common cause is long-term exposure to tobacco smoke,[2] which causes 80–90% of lung cancers.[1] Nonsmokers account for 10–15% of lung cancer cases,[3] and these cases are often attributed to a combination of genetic factors,[4] and exposure to; radon gas,[4] asbestos,[5] and air pollution[4] including second-hand smoke.[6][7] Lung cancer may be seen on chest radiographs and computed tomography (CT) scans. The diagnosis is confirmed

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    Law 1701 Major Assignment

    provide specific purchase of the farm, but Vicky did state that she could not be able to sell the land upon the approval of the application and there were not any terms, promises or legal bindings. The key fact here is highly relevant to the case Harvey v Farcey to conclude a statement that is not offer but a request of information and a supply of information. The communication between two parties were merely an intention to treat the whole transaction as a contract without clear understanding about it

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    George V. Jordan Marsh Co. Brief

    1. George v. Jordan Marsh Co., 359 Mass. 244 (Mass. 1971) 2. Facts: Plaintiff Irene George (P) is filing suit against Defendant Jordan Marsh Co. (D) for mental anguish and emotional distress which resulted in two heart attacks. D sold goods on credit to P’s emancipated son, who purchased them on P’s account. D alleged that P stated in writing that she would pay the debts (which she did not incur), even though it is understood that P did not make this guarantee. D then attempted to intimidate

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    Escola V. Coca Cola Co.

    Escola v. Coca Cola Bottling Co. of Fresno Supreme Court of California 1. Facts and procedure history Facts: • Escola (Plaintiff) was a waitress in the restaurant. • While she was moving the bottles of Coke from the cases which had been delivered to her restaurant at least 36 hours before to the refrigerator, one of them exploded in her hand, causing her to be severely injured. •The plaintiff alleged that the Coca Cola Company (Defendant) had been negligent in selling "bottles containing said

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    How Is an Offer Terminated?

    expiry of the period that the offeror intended to remain open. If there is no stipulation of time, the offer will expire after a reasonable time by which depends on the subject matter, means of communication and other circumstances. In Ramsgate v Montefiore (1866) an offer to buy shares was held to have lapsed when three months later the offeree purported to accept it. Revocation The offerer may withdraw or revoke his offer at any time before the offeree accepts the offer. However, revocation

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    Tabl1710 Major Assignment

    Billy is attempting to claim the extra $20,000 and a share in the farm, which he believes he is entitled to. Choy, however, has calculated that the cost of Billy’s school and university fees amount to greater than the promised $20,000 and that the co-owner of the farm would not allow the transfer of a share in the farm. In order to advise Billy in whether he is entitled to the extra $20,000 and a share in the farm, the key facts and relevant issues must be examined to determine if the elements

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    Business Law

    may be illegal at the time it made or lacks important elements of the contract. The case which support the void contract is Griffith v Breymert (1903). Court held that, the contract is void and the plaintiff was entitled to recover his £ 100 as the coronation did not take place. Addition case to support this kind of contract is David Taylor & Son v Barnett Trading Co [1953] it was held that the contract had been illegal at its formation due to the provision of set prices that exceeded the legal

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    R. Williams Construction Co. V. Oshrc

    What was the legal issue in this case? In the case of R. Williams Construction CO. v. OSHRC, the legal issue is employees of R. Williams Construction CO. were not properly trained to do their job and death as well as serious injuries occurred in the results. On September 19, 2002, a trench collapse at a sewer-construction project at the Chumash Casino Project in California seriously injuring Adam Palomar and killed Jose Aguiniga. Both Adam Palomar and Jose Aguiniga were employees of R. Williams

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    Libyan Afb V Banker Trust Co

    THE LIBYAN ASSET FREEZE AND ITS APPLICATION TO FOREIGN GOVERNMENT DEPOSITS IN OVERSEAS BRANCHES OF UNITED STATES BANKS: LIBYAN ARAB FOREIGN BANK v. BANKERS TRUST CO. Corinne R. Rutzke* INTRODUCTION United States asset freezes are political weapons invoked in response to international crises.' Traditionally, United States asset freezes have blocked foreign government assets within the jurisdiction of the United States.2 Following the 1979 Iranian hostage crisis, however, United States peacetime asset

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    Alllah Ho

    of person or to the whole world. CARLILL V CARBOLIC SMOKE BALL CO . FACTS- Th manufacturers of a patent medicine is published an advertisement by which they undertook tp pay pounds reward....to any person who contracts influenza after having used the smoke balls three times daily for 2 weeks. The advertisemnet added that 1000 pounds had been deposited at a bank showing our sincerity in this matter The claimant read the advertisement , purchased the smoke ball and used it as disrected. She contracted

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    Bis-4 Steps Process

    Ltd v Commonwealth (1969) 121 CLR 353 case, the Commonwealth government said to pay a subsidy to companies that imported timber products into Australia but after some initial payments, they stopped. The issue is whether the subsidy load considered as a legal enforceable promise, which is later decided by the court that it is not. This is called illusory promises in which the amount is not yet to be stated (Lambiris 2012, 248). Advertisement is accounted as an offer in Carlill v Carbolic Smoke Ball

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    Testing

    skins at 10d per pound”. It was only a third of the price offer previously. Mr. Hartog wanted this price and Colin v. Shield denied any binding contract was created. The judge decided that there was no any contract. The form of offer contained a mistake. Hare skins were generally sold per piece and Mr. Hartog realized that skins sold per pound would make advantage for him (Hartog v Colin & Shields, 1939) An invitation to treat needs to be distingue from an offer. Invitation to treat is an indication

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    Leonard V. Pepsico.

    Case Review/IRAC Case Citation John D.R. Leonard, Plaintiff v. Pepsico, Inc., Defendant 88 F.Supp.2d 116 (1999) Key Facts Pepsico conducted a test of a new promotion in the Pacific Northwest from October 1995 to March 1996 where plaintiff saw the advertisement and contended that it offered a Harrier Jet. Through acquaintances, plaintiff raised $700,000, and wrote a check to Pepsi along with 15 pepsi points and a filled out order form for 7,000,000 additional Pepsi points. Defendant’s fulfillment

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    Distinction Between Offer, Invitation to Treat and Advertisement

    – is needed to be able to identify specific examples of where an offer or an invitation to treat exists. If the maker of the statement clearly intends to be bound by acceptance of the stated terms the statement will amount to an offer. In Harvey v Facey [1893] ,Harvey sent a Telegram to Facey which stated: - "Will you sell us Bumper Hall Pen? Telegraph lowest cash price-answer paid;" Facey replied by telegram:- "Lowest price for Bumper Hall Pen £900." Harvey then replied:- "We agree to buy

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    Law for Management Case Study

    terms. According to a general rule, an advertisement of goods for sale is not regarded as an offer, Partridge V. Crittenden. Its intention does not intend to be bound by any acceptance without further negotiation; otherwise, Anna would be bound to provide everyone who received the club. Although it has an ‘offer’ in the content, the statement is still seemed as an invitation to treat, Spencer V. Harding. Moreover, the advertisement is not clear enough to be an offer as the price is at ‘£300 or nearest

    Words: 1537 - Pages: 7

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    Contract Law

    | | |[pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] [pic] | | |Course |LAW1091: Business & Co Law |Course School/Level |BU/UG | |Coursework |Business and company Law |Assessment Weight |100.00% | |Tutor

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    Business and the Law

    Britain v Boots Cash Chemist (p305) Case regarding items on shelves in a store. The items are simply an invitation to “treat”, the offer is only made at the check-out. Carlill v Carbolic Smoke Ball Co (p309) Company advertised nobody would get sick. Mrs Carlill followed directions and got sick. There was a unilateral contract comprising the offer (by advertisement) of the Carbolic Smoke Ball company) and the acceptance (by performance of conditions stated in the offer) by Mrs Carlill Harvey v Facey

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    Business Law Report

    because it does not show that there are any changes in the context of the contract. In addition illusory promise cannot be enforced if there are no changes in the context of the contract(Lambiris 2010 pg 38). In the case of Placer Development Ltd v Commonwealth(1969)121 CLR 353, a subsidy would be paid to companies who imported timber into the country which is Australia by the commonwealth government. The Government did pay the importers the subsidy for a period of time but stopped for an unknown

    Words: 3252 - Pages: 14

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    Bily V. Arthur Young & Co., Supreme Court of California

    Bily v. Arthur Young & Co., Supreme Court of California 3 Cal. 4th 370; 834 P.2d 745; 11 Cal. Rptr. 2d 51; 1992 Cal. LEXIS 3971; 48 A.L.R.5th 835 Key Facts Plaintiffs, an individual investor, a corporate investor, and associated individuals, invested in a computer company that went bankrupt. Plaintiffs brought an action against defendant accounting firm, Arthur Young, alleging intentional fraud and negligent misrepresentation. Plaintiffs contended that their investments were made in reliance

    Words: 361 - Pages: 2

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    S & D Petroleum Co., Inc. V. Tamsett

    its motion. Given that denial of the motion originally was because of a [144 A.D.2d 850] procedural defect and not on the merits, Supreme Court's determination to grant renewal upon correction of the defect was not an abuse of discretion (see, Riggs v Pursell, 74 N.Y. 370, 379). As to the merits, defendant contends that the quoted typed language in the security agreement superseded the printed provision which secured future advances as well as the existing debt. Because the existing debt was paid

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    Case Note

    Case Note: Carlill v Carbolic Smoke Ball Co Introduction This case note comments on the decision of Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256. It examines whether any person who act upon the required conditions of a contract is legally bounded by this unilateral offer. The significance of the case lies in the establishment of a precedent that an offer of contract can be unilateral and does not have to be made to a specific party. It also established that notification is not necessarily

    Words: 743 - Pages: 3

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    Carbolic Smoke Ball

    Page1 *256 Carlill v Carbolic Smoke Ball Company. In the Court of Appeal. 7 December 1892 [1893] 1 Q.B. 256 Lindley , Bowen and A. L. Smith , L.JJ. 1892 Dec. 6, 7. Contract—Offer by Advertisement—Performance of Condition in Advertisement—Notification of Acceptance of Offer—Wager—Insurance— 8 & 9 Vict. c. 109 — 14 Geo. 3, c. 48, s. 2 . The defendants, the proprietors of a medical preparation called “The Carbolic Smoke Ball,” issued an advertisement in which they offered to pay 100l.

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    Business Law

    Teacher, 2010) Regarding to this case (Carlill v Carbolic Smoke Ball Company Ltd) [1893] 1 QB 256. Newspaper ads establish the defendant expressed: - £ 100 prize will be paid by the organization calling carbolic smoke any person who gets the flu as a result of the use of the ball three times a day for two weeks, as printed headers are included with every £ 1,000 saved the ball with Alliance Bank, sewing our identity in this matter. Mrs. Carlill bought smoke balls and used them in line with the bearings

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    Commercial Law Summaries 1 - Contract Formation

    create legal relations Carlill v Carbolic Smoke Ball Co ‘Test’ of intention (I) to determine if agreement between parties were intended to have contractual force Edmonds v Lawson Domestic Agreement (NI) btwn close family members are not legally binding Balfour v Balfour Cohen v Cohen Domestic Agreement (I) with additional circumstances Merritt v Merritt Wakeling v Ripley Agreement btwn friends/ to provide charitable services (NI) are not legally binding Teen Ranch Pty Ltd v Brown Agreement btwn friends/

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    Hoover Co. V. Bissell Inc

    I. Synopsis: Case: The HOOVER COMPANY, Plaintiff, v. BISSELL INC., Defendant. No. 5:98-CV-1088. United States District Court, N.D. Ohio, Eastern Division. March 19, 1999. A. The Hoover Company History: Hoover vacuum cleaners have markets in the United States and Canada. In addition to vacuum cleaners, Hoover also produces and sells high quality washers and dryers. Maytag acquired The Hoover Company in 1989, providing Maytag an important foothold in the highly competitive international market

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    Frwef

    number of shops, as in the notice says “Shop available for sale” and he could not reasonably intend to be bound to lease to all those who might accept it. Therefore no promise existed and it is considered an invitation to treat as in the case Partridge v Crittenden [1968]¹. Although the wording in Vladimir’s advertisement is different to the Partridge’s case, it is suggest that the result is same in the both cases. In saying that “Shop available for sale”, Vladimir did not show a will or intention to

    Words: 1454 - Pages: 6

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    Business Analysis

    advertisement, there is specific information’s are available. That’s why this is an offer (Carlill v Carbolic Smoke Ball Co){shall I need to write detail of this case? Yes, just a few lines about the facts, to get an extra mark}. Then Adam sent a letter to peter by telling that, he would be able to buy at a price of £200. This is a counter offer which means that, it is a final rejection of the original offer (Hyde v Wrench) {shall I need to write detail of this case? No, you can just give the name of

    Words: 573 - Pages: 3

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    Carlile vs Carbolic Smoke Company

    Carlill vs Carbolic smoke company INTRODUCTION Since a contract is generally referred to as a binding set of promises (agreements) with which courts will enforce, the main issue in Carlill and Carbolic Smoke Company is whether there was a binding contract between the parties or not. A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer and what are the exceptions if any? Did Mrs Carlill provide consideration in exchange for the 100 pounds

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    Intro to Business Law Cases

    business transaction during the initial contact, it was a social and private arrangement at the time the offer was made. It is also a legal presumption that agreements made in a social environment are not be legally binding[1]. The case of Dietrich v Dare (1980) 54 ALJR 388[2], further illustrates this presumption, where no intentions of a legally binding agreement could be determined. Agreement- Offer and Acceptance “An offer is an undertaking by the offeror made with the intention that it will

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    Carlill V Carbolic Smoke Ball

    Carlill v Carbolic Smoke Ball Co [1892] Facts: • Carbolic Smoke Ball Co (def) promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration in exchange for the 100 pounds reward?

    Words: 849 - Pages: 4

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    Burlinton Northern and Santa Fe Railway. Co. V. White

    Burlington Northern and Santa Fe Railway Co. v. White Legal Analysis Legal and Ethical Facts • The plaintiff (White) was hired by Burlington Northern and Santa Fe Railway Co. (Defendant) as a track laborer. Having prior experience as a forklift operator, the plaintiff was assigned to operate a forklift once the need arose. • Although operating a forklift was now the primary duty of the plaintiff, her responsibilities as a track laborer, to a lessor extent, still existed. • Operating a forklift

    Words: 1229 - Pages: 5

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    Business Law

    advertisements for goods of sale are only invitations to treat and not (legal) offer. The court in Partridge v Cittenden held that an advertisement “offering for sale” wild birds were just an invitation to treat and not an offer. However, where there are good policy reasons for doing so, courts are prepared to treat displays and advertisements as offers. In Carlill v Carbolic Smoke Ball Co, it was held that an offer was made to the whole world at the advertisement stage and was accepted when a customer

    Words: 530 - Pages: 3

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    Hazen Paper Co. V. Biggins 507 U.S. 604 (1993)

    Hazen Paper Co. v. Biggins 507 U.S. 604 (1993) Case Study JSale. GB41- Employment Law Professor Shawn Pattinson 1 Do you agree with the court that age and years of service are sufficiently distinct to allow for terminations based on years of service and to find no violation of the ADEA where the terminations result in a greater proportion of older workers being fired? The Age Discrimination in Employment Act (the ADEA) forbids discrimination based on age by protecting individuals

    Words: 1403 - Pages: 6

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