CARLILL V. CARBOLIC SMOKE BALL CO.
1 Q.B. 256 (1893)
NATURE OF THE CASE: This was a case for damages from a breach of contract.
FACTS: Carbolic Smoke Ball Co. (D) manufactured and sold a patent medicine known as The Carbolic Smoke Ball. D placed ads in various newspapers to offer a reward; any person who used D's smoke ball three times daily according to the instructions, and contracted influenza, colds, or any disease, would qualify for the reward. The reward amount was 100 pounds. Carlill (P) after seeing the ad, purchased a ball and used it according to the directions. However, P was attacked by the influenza and sought to recover 100 pounds. D refused to pay the reward to P. P sued D for damages for a breach of contract. P was awarded damages in the amount of the advertised reward. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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