Week 4 - Carlill v Carbolic Smoke Ball Co. (1893) Flashcards
1
Q
What did the defendant promise in the advert?
A
£100 to anyone who caught the flu after using their product
2
Q
How would you use the Carbolic Smoke Ball?
A
It was an inhalant you would insert into your nose 3x a day
3
Q
How long had Mrs Carlill been using the product when she got ill?
A
3 months
4
Q
What made Mrs Carlill different?
A
Her husband was a lawyer
5
Q
What was the downfall of the defendant?
A
In the advert, to prove how serious they were, the company put £1000 into the Bank of London - thus, seen as not just an advertising puff
6
Q
Why did the court decide Mrs Carlill had accepted the offer?
A
Because she bought the product and used it over the period of time stated (or so we believe)
