Carlill vs Carbolic smoke company
INTRODUCTION
Since a contract is generally referred to as a binding set of promises (agreements) with which courts will enforce, the main issue in Carlill and Carbolic Smoke Company is whether there was a binding contract between the parties or not. A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer and what are the exceptions if any? Did Mrs Carlill provide consideration in exchange for the 100 pounds reward?
The first point in this case is, whether the defendants' advertisement was an offer which, when accepted and its conditions performed, constituted a promise to pay, assuming there was good consideration to uphold that promise, or whether it was only a puff from which no promise could be implied, or a mere statement by the defendants of the confidence they entertained in the efficacy of their remedy. According to the law, an agreement establishes the first stage in the existence of as contract. The three main elements of a contractual formation I will endeavor to consider in a bid to ascertain the legality and validity of contract are the following: Offer, Acceptance and Consideration. I wish to advance the conviction that the case of Carlill vs Carbolic Smoke Company was a valid contract characterized by elements of a valid contract.
OFFER
The most important feature of a contract is that one party makes an offer for a bargain that another accepts. This can be called a 'concurrence of wills' or a 'meeting of the minds' of two or more parties. There must be evidence that the parties had each from an objective perspective engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement.] An objective perspective means that it is only necessary that somebody gives the impression of offering or accepting