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Overview of Contract Law Principles

The document outlines the basics of contract law, focusing on the definition of offers and acceptance as per the Contract Act of 1872. It discusses the case of Carlill v Carbolic Smoke Ball Co. (1892), which illustrates a general offer made to the public and the court's ruling in favor of Mrs. Carlill. Key points include the nature of the advertisement as a binding offer and the acceptance through performance.

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durjoydd2003
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39 views9 pages

Overview of Contract Law Principles

The document outlines the basics of contract law, focusing on the definition of offers and acceptance as per the Contract Act of 1872. It discusses the case of Carlill v Carbolic Smoke Ball Co. (1892), which illustrates a general offer made to the public and the court's ruling in favor of Mrs. Carlill. Key points include the nature of the advertisement as a binding offer and the acceptance through performance.

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durjoydd2003
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We take content rights seriously. If you suspect this is your content, claim it here.
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PRESENTATION

COURSE TITLE : LAW OF CONTRACT


COURSE CODE : LAW 105

Submitted to Submitted by
Nazia Wahab Durjoy Debnath
Assistant professor, Reg. No: 23111008
Department of law & Human Rights Department of law & Human Rights
University of asia pacific University of asia pacific
The Contract Act, 1872

Section 2(a) When one person


signifies to another his willingness to
do or to abstain from doing anything,
with a view to obtaining the assent of
that other to such act or abstinence,
he is said to make a proposal
Offer : A clear
and specific
proposal made
by one party to
another party
Acceptance : The
action of consenting to
receive or undertake
something offered.

Image Source: https://images.app.goo.gl/NfNxfTavNuFodZ3S7


Classification of offer

Express Implied General


Offer Offer Offer

Specific Cross Counter


Offer offer offer
 Fact of the case
 The Carbolic Smoke Ball Company
advertised their product as a cure for
influenza and offered £100 to anyone who Carlill v
got sick after using it as instructed. Louisa Carbolic
Carlill bought a smoke ball, used it as
directed, and still got the flu. She claimed
Smoke Ball Co.
the reward but the company refused to pay. 1892
Carlill sued, arguing the advertisement was
a binding contract. The outcome of the
case is not mentioned.
The case of Carlill v Carbolic Smoke Ball Co. (1892) is a prime example of a
general offer in contract law. The advertisement was directed to the public at
large, not to any specific individual, and anyone who met the conditions of using
the smoke ball could potentially claim the reward.
 Here are some key points that support the classification of the offer in this

why it is a case as "general":


1 No specific recipient: The advertisement was published in newspapers,

General offer 2
reaching a wide audience, not targeted to any particular person.
Open invitation: The wording of the advertisement invited anyone to
participate by using the smoke ball and meeting the specified conditions.
3 Performance as acceptance: The act of using the smoke ball as instructed
was considered acceptance of the offer, not requiring any further
communication from potential claimants.
Issue:  Judgement:
Did the
advertisement  The court sided with Mrs. Carlill.
constitute a binding  The advertisement was clear, unambiguous, and
specific about conditions and reward, not mere
offer that Mrs. "puffery"
Carlill could accept
 The £1000 deposit demonstrated seriousness
by using the smoke and commitment.
ball?  Using the smoke ball as required constituted
valid acceptance through performance.
 Thank you

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