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Case Law Carlill v Carbolic Smoke Ball Co Ltd

   

Added on  2020-03-16

5 Pages904 Words45 Views
Running Head: Law 1Law

Law2Answer 1It must be noted that for valid contract there must be offer, acceptance, and consideration. If all these elements are present in the contract then such contract is considered as valid contract. it must be noted that there is clear difference between the offer and invitation to treat, and those business which sell their products through advertisement must understand this business. If any person sells goods through advertisement then such person constitutes an offer if such advertisement contains sufficient details and shows intention to be legally bound. This can be seen in case law Carlill v Carbolic Smoke Ball Co. Ltd [1893] 1 QB 256. In such case, there is no control of person who publishes advertisement that who accepts the offer. In the present case, Ken has right to claim against Eddie for breach of contract because Eddie gives offer through advertisement which is accepted by Ken (NZLII, n.d.). Answer 2It must be noted that offer is completely different from the invitation to deal. It is not simple to distinguish between the two, and the test of intention is done to determine the difference betweentwo. It is considered whether statement made by party give rise to an agreement or results in further negotiation. This can be understood through case law Pharmaceutical Society of Great Britain v Boots, Court of Appeal [1953] 1 QB 401; [1953] EWCA Civ 6; [1953] 1 All ER 482, [1953] 2 WLR 427. In this case, it was argued by the society that sale related to drugs was completed when item was taken out by the customer through shelf and put it in their cart or basket, and when consumer take that item to sale desk then pharmacist cannot state that goods

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