English Legal System and Skills
UNIT 1 - Seminar
Item 1 : English Legal History
Answres to Qustions (Page 9 : Module planner)
1.Offer in the case,the offer is made in writing when the advertisment is put on the news paper by Carbolic Smoke Ball Company. £100 will be paid to any person who contracts influenza after using the “some ball” as prescribed
Acceptance - Acceptance made by conduct, when Mrs.Carlill purches the smoke ball and uses it as says.
Consideration-Consideration is shown by the company by the willingness to pay £100
Intention to Create Legal Relations- It shown by the Smoke Ball Company by depositing £1,000 in the Bank
2. Bilateral Contract means the contarct made is between two parties. These type of contract are negotiated on a promise for a promise basis.
Unilareral Contract is where an offer is made to the whole world at large.
3.Mere puff means is just an extravagant statement which probably mean nothing. there is no promise involed
An Offer is an expression of willngness to contract with intension that it shall become binding on the offerror as soon as it accepted by an offered.
4.Civil Division of the court of appeal Civil Law
6.In the Carlill v Carbolic smoke ball Co in this case Carbolic smoke Co. made clear offer in the advertisment they had published in the news paper that 1000 reward will be paid by the company to any person who got influenza, cold or any other disease caused by taking cold after having using three times daily foe two weeks. And in the advertisment says £1000 deposited with the British Alliance Bank, showing our sincentiy in the matter, which shows the intention to create legal relations.
So, Mrs. Carlill has accepted he offer and has acted the terms and condition of the offer, the Carbolic Smoke Ball Company should be liable to pay Mrs.Carlill the reward of the £100.It could be said that the case was rightly decided.