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
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safety and s14(2) .e) durability.14(3) of the sales of goods act states that goods must be fit for purpose in relevance. Section 14(2) deals with instances where goods are usable but have some form of defect. Examples include Ltd Rogers and Another v Parish (Scarborough) and Another 1987 where the Court of Appeal held that a series of defects in a Range Rover made it unmerchantable (not of satisfactory quality) even though it was fit to drive. The relation to the case at hand the Tefal active fry
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Assignment attachment form When submitting your assignment it must be accompanied by this Assignment Attachment Form. Please make sure that you complete all of the details correctly. Provide all details requested on this form. Use one form for each assignment. * Unit name: Business Law 1100 Given name: Brigitta Surname: Brigitta Student number: 16929434 Email: 16929434@learning.curtin.edu.sg Assignment title: Assignment 2 Date submitted:
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it's become offeree. A uniletaral offer it is a one sided promise to pay or reward someone for performing and act ,promise because it is made without it is one sided the offeror knowing who the offeree is for example,see the case of Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256, CA. According to S4(1) of the contract act 1950 cominication of the offer its complete when the offeree knows about it there will be no offer unless it is clearly cominicated to the offeree and it must be to knowledge
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CONTENTS Introduction Question 1A Conclusion Question 1B Conclusion Question 1C Conclusion Overall Conclusion References Introduction An overview of what you want to discuss, so the 3 questions and what they are dealing with Qns. 1 offer acceptance or contract Ans 2 dealing with law of fraud, negligence Qns 3 dealing with exclusion clause 150 words Question 1A What action can Packard bring against Hewlett? Your answer should include relevant case laws. Plaintiff / Offeree–
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‘Acceptance’ page (15 miss notes) hnd book 664 Carlill v Carbolic Smoke Ball co (1893) case summery. In this case the defendants were the manufactures of smokeballs which they claimed could prevent the flu. They published adverts stating anyone that used their smokeballs for a specific period of time and caught the flu would receive a payout of£100. Carbolic company proved they were serious about this offer so they put aside £1,000. A lady called Mrs Carlill purchased the smokeballs and still recieved
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nature: do not intent to create legal relation Balfour v Balfour (1912) husband n wife diff region(do not intent to legally bound), Wakeling v Ripely (1951) do have intent to legally bound, in reliance on the promise & serious consequences & evidence regarding parties intention.Commercial nature: intend to create legal relations: Edwards v Skyways Ltd(1964)(Employees & Company)(agreement was commercial, have intention) Carlill v Carbolic Smoke Ball Co( 1893)(Advertisement)(claim have money in bank and
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CONTRACT LAW Introduction: Contracts form a central feature of our modern life. Most activities we engage in constitute contracts. The law of contract is therefore key to defining and strengthening relationships. A contract is a mini legal system which has provisions and terms which govern the relationship between parties thereto and hence conferring rights and obligations upon them. The law of contracts is the most important and the basic part of law. All of us enter into contracts in our day-to-day
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advertisements are clearly made with the intention of being legally bound as no further bargaining is expected. For example Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 The company advertised that it would give $100 to anyone who caught ‘flu’ having used their product as directed and that to show sincerity, $1000 had been deposited at its bank. Mrs Carlill bought the ball, sniffed it as directed and later caught ‘flu’. She sued for the $100 and won. The company pleaded a variety of defences, amongst
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orally or conduct (Carlill v Carbolic Smoke Ball Company). Secondly, whether there is a legal contract if the parties intend their agreement to be legally binding, it bases on the presumption that in commercial or business agreements parties did intend to create legal relation (Edwards v Skywards Ltd [1964] 1 WLR 349). Thirdly, whether the party pays something for value (consideration) in return to have the promise from another party (Cooulls v Bagot's Executor and Trustee Co Ltd (1967) 119 CLR 460)
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