Contract I - Case Notes - Contract I - Case Notes Carlill v...

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Contract I - Case Notes 1 Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Defendants sold “smoke balls” and advertised that they offered to pay £100 to any person who contracted influenza after having used one of their smoke balls. Court Held the company was bound to pay anyone who contracted influenza using their smoke balls. As it was an offer made to the world at large, which ripened into a contract with anybody purchasing and using their smoke balls. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401 Goods were sold in B’s shop under the self-service system. Customers selected their purchases from shelves on which goods were displayed, put them into a basket and took them to the cashier where they paid the price. Court Held the contract was made, not when the customer put the goods in the basket but when the cashier accepted the offer to buy and received the payment. Fisher v Bell (1960) 3 All ER 731 B displayed in his shop window a flick-knife behind which was a ticket bearing the words, “Ejector knife – 4 shillings.” B was charged with offering for sale a flick-knife contrary to the restriction of Restriction of Offensive Weapons Act. Court Held the displaying of the flick-knife was merely an invitation to treat. Hence, there was no offer for sale and B could not be guilty of an offence.
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Contract I - Case Notes 2 Byrne v Van Tienhoven (1880) 5 CPD 344 V by letter of 1 Oct offered to sell goods to B in New York. B received the offer on the 11 th and immediately telegraphed his acceptance. On the 8 th V wrote revoking his offer and this reached B on the 20 th . Court Held the revocation was of no effect until it reached B and a contract was made when B telegraphed. Dickinson v Dodds (1876) 2 Ch. D 463 Defendant offered to sell his house to plaintiff and offer was to be left open till Fri, 12 th Jun, 9 am. On Thu, defendant sold the house to someone else and another person informed the plaintiff of this sale. Despite this, plaintiff tried to deliver to defendant an acceptance of his offer on Fri, at 7 am. Court
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This note was uploaded on 11/19/2011 for the course MEDIA LAW Medlaw taught by Professor Professorwong during the Spring '08 term at Ngee Ann Polytechnic.

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Contract I - Case Notes - Contract I - Case Notes Carlill v...

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