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Carlill v Carbolic Smoke Ball Ltd TOP

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A court of appeal decision of 1893. It decided that Mrs Carlill who had contacted influenza despite using the Carbolic Smoke Ball was entitled to claim the advertised reward of £100. The company had widely advertised that they would pay £100 to anyone who contracted flu after using their ball for the stated period. The court found that the advert was the offer of a unilateral contract and that once Mrs Carlill had satisfied the condition she was entitled to enforce the contract. The case broke new ground in relation to the making of offers and is seen by some as evidence of a growing paternalism in contract emerging at that time.