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Carlill v. Carbolic Smoke Ball Co.
Citation:
1 Q.B. 256 (1892)ProfessorMelissa A. Hale
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Facts
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.
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