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Contracts Keyed to Dawson
Carlill v. Carbolic Smoke Ball Co.
Citation:
[1893] 1 Q. B. 256.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The defendants were proprietors and vendors of “The Carbolic Smoke Ball,” a medical device that was said to reduce the occurrence of certain illnesses. In November 1891, the defendants advertised a £100 reward to anyone that contracted influenza after using the smoke ball three times daily for two weeks. Among other things, the advertisement also stated “£1000 is deposited with the Alliance Bank, shewing our sincerity in the matter.” The plaintiff bought a smoke ball and used it as directed until January 1892 when she caught influenza.
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