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(Sample) Business Law: Assignment

   

Added on  2021-04-16

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Running head: BUSINESS LAWBusiness LawName of the StudentName of the UniversityAuthor Note

1BUSINESS LAWTable of ContentsFacts of the Case..............................................................................................................................2Arguments of the plaintiff...............................................................................................................2Arguments of the defendant.............................................................................................................3Reason for the decision....................................................................................................................3Comment on decision of court.........................................................................................................4References........................................................................................................................................6

2BUSINESS LAWCarlill v Carbolic Smoke ball Company [1893] 1 QB 256Facts of the Case The Carlill v Carbolic Smoke Ball Company [1893] held in Court of Appeal is alandmark case that was decided by Judges Bowen LJ, Lindley LJ and A.L. Smith. As per thefacts of the case, the defendant, Carbolic Smoke Ball Company advertised in the Pall MallGazette and other newspapers in 1891 that its product Carbolic Smoke Ball prevents colds andinfluenza, if it is used thrice a day for two weeks. The makers of the product confidentlyadvertised that anyone who uses the carbolic smoke ball in the prescribed way for a particularperiod and still catches cold or influenza afterwards shall be awarded £100 from the company.The company deposited £1000 in the Alliance Bank as a guarantee of the reward. The plaintiffLilli Carlill purchased the Smoke Ball and used it as per its direction butshe caught flu after using it for several weeks. The issue in the case was whether the contractbetween the parties was binding upon them. She claimed her £100 from the company and thecourt decided in her favor. The defendant made an appeal but the decision was again made infavor of the plaintiff, entitling her to receive compensation of £100. Arguments of the plaintiff The plaintiff argued that the advertisement made by the defendant amounted to a validoffer which obligated both the parties to fulfill the same. It formed a valid contract as it includedall the valid elements of a contract that is, an offer, an acceptance, consideration and legalintention (Schwartz & Walters, 2016). The promise was valid and purchase of the productimplied acceptance. The company provided consideration of £100 on performance of the offer.

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