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Contracts Keyed to Blum
Carlill v. Carbolic Smoke Ball Co.
Citation:1 Q.B. 256 (1892)
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.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- 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 defendant made a product called “The Carbolic Smoke Ball.” They ran an ad for this product in the papers, claiming that they would pay £100 to anyone who bought the Smoke Ball, used it as directed, and got the flu, cold, or similar disease because they wanted to show how confident they were that their product could prevent such diseases. In this ad they stated, “£1000 is deposited with the Alliance Bank, Regent Street, shewing our sincerity in the matter.” The plaintiff bought the Smoke Ball, used it as directed, and then got the flu. She then requested the £100. The defendants refused to give it to her, so she brought this claim.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- 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.