[SOLVED]Case study: Carlill V/S Carbolic Smoke Ball Co.

CASE STUDY : 9

Cyber Pharma was manufacturing a medicine for cure aids. They
advertise in international magazine saying that whoever consumes this
medicines will not suffer from aids. Mrs. Mathew read this advertisement
in the magazine and purchased she claimed for the reward of 10 million
pounds as a compensation as promise in the advertisement can she
claim? Will she succeed?


Ans :
The given case is under the chapter of offer and acceptance. Offer refers to the
signification by one person to another of his willingness to enter in to a contract with
him on certain terms. It may be expressed or implied from the conduct of the parties.
In this set case Cyber Pharma was manufacturing a medicine for cure aids. They
advertise in international magazine saying that whoever consumes this medicines
will not suffer from aids. Mrs. Mathew read this advertisement in the magazine and
purchased she claimed for the reward of 10 million pounds as a compensation as
promise in the advertisement. But company refuse it.

Case : Carlill V/S Carbolic Smoke Ball Co.
Carbolic smoke ball co, advertise in paper – whoever consume their medicine will
not suffer from influenza. In case they suffer they will give 1000 pound. This
advertise read by Carlill and she consumed and used in spite of that she suffering
from influenza. She went to company and asking for reward but company said she
didn’t communicate that she purchasing their company’s product.
Judgement :
As mentioned above here Mrs. Mathew read the giving Advertisement and according
to the instruction she performed that means she accept the given order and in spite
of that she suffered from Aids. The parties can enter in to contract when there is an
offer and acceptance. here both are present so it is an contract.
Therefore Mrs. Mathew can claim for the compensation.

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