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Contracts Keyed to Kuney
Carlill v. Carbolic Smoke Ball Co.
Citation:1 Q.B. 256 (1893).
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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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 defendant was the proprietor and vendor of “The Carbolic Smoke Ball,” a “medical device” said to reduce the occurrence of certain illnesses like influenza. In November 1891, the defendant advertised a £100 reward to anyone that contracted influenza after continuous use of the smoke ball three times daily for two weeks. The advertisement also stated that “£1000 is deposited with the Alliance Bank, shewing our sincerity in the matter.” The plaintiff purchased a smoke ball and used it as directed until January 1892 when she fell ill with influenza.
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- Policy: Identifies the Policy if any that has been established by the case.
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