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Contracts Keyed to Dawson
Carlill v. Carbolic Smoke Ball Co.
Citation: 1 Q. B. 256.
ProfessorMelissa A. Hale
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.