...OFFER AND ACCEPTANCE. PREPARED BY-ANUM SHAHID OFFER An offer is a definite promise to be bound on specific terms.It cannot be vague and can be offer to one person, to specific class of person or to the whole world. CARLILL V CARBOLIC SMOKE BALL CO . FACTS- Th manufacturers of a patent medicine is published an advertisement by which they undertook tp pay pounds reward....to any person who contracts influenza after having used the smoke balls three times daily for 2 weeks. The advertisemnet added that 1000 pounds had been deposited at a bank showing our sincerity in this matter The claimant read the advertisement , purchased the smoke ball and used it as disrected. She contracted influenza and claimed her 100 pounds rewrad. In their defence the manufacturers argued against this a) The offer was so vague that it could not form basis of contract, no time limit was defined b) It was not an offer to be accepted as it was made to whole world. DECISION- The court disagreed a) Smoke ball must protct the user during period of use- This offer was not vague b) The offer can be made to whole world in reward cases. Vague Statment case. GUNTHING V LYNN 1831 FACTS- the offeror offered to pay a further sum for a horse if it was lucky. DECISION- The offer was too vague and no contract could be formed. AN INVITATION TO TREAT. Definition. An indication that a person is prepared to...
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