StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Case Submission - Essay Example

Comments (0) Cite this document
Summary
Contracts are the basis of many of our daily activities. They provide the means for individuals and businesses to sell and otherwise transfer property, services, and other rights. Without enforceable contracts, commerce would collapse.
A contract is an agreement that is enforceable by a court of law or equity…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.8% of users find it useful
Case Submission
Read TextPreview

Extract of sample "Case Submission"

Download file to see previous pages Acceptance of offer
Sent by offeree
I. Carlill v. Carbolic Smoke Ball Company
1. From Wikipedia, the free encyclopedia
Jump to: navigation, search
Carbolic Smoke Ball advertisement
Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 is one of the most famous leading cases in English law that helped establish the requirements for the formation of a contract.
B. Contents
1 Background
2 Ruling
3 Later influence
4 External links
5 See also
C. Background
The Carbolic Smoke Ball Company made a product called a smoke ball that it claimed could protect the user from contracting influenza. The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (phenol). The tube was then inserted into the user's nose. It was squeezed at the bottom to release the vapours into the nose of the user. This would cause the nose to run, and hopefully flush out the cold. In fact the inflammation caused by the device would have probably increased susceptibility to catching influenza.
The Company published advertisements claiming that it would pay 100 to anyone who got sick with influenza after using its product according to the instructions set out in the advertisement.
Specifically, they stated:
100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds or any disease caused by taking cold, after having used the ball three times daily for two weeks according to the printed directions supplied each ball. 1000 is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter.
Mrs Carlill, relying on the promises made in the advertisement, bought one of the balls and used it in the manner specified, yet still managed to contract...
The Carbolic Smoke Ball Company made a product called a smoke ball that it claimed could protect the user from contracting influenza. The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (phenol). The tube was then inserted into the user's nose. It was squeezed at the bottom to release the vapours into the nose of the user. This would cause the nose to run, and hopefully flush out the cold. In fact the inflammation caused by the device would have probably increased susceptibility to catching influenza.
100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds or any disease caused by taking cold, after having used the ball three times daily for two weeks according to the printed directions supplied each ball. 1000 is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter.
The Carbolic Company claimed that there was no enforceable contract between it and the user of the smoke ball on the grounds that there was no acceptance of its offer, because Mrs Carlill had never notified the Company that she accepted its offer, or consideration, since the Company did not receive any benefit from a purchaser's use of the product once the sale had been completed.
The court rejected ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Case Submission Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1507054-case-submission
(Case Submission Essay Example | Topics and Well Written Essays - 1250 Words)
https://studentshare.org/miscellaneous/1507054-case-submission.
“Case Submission Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/miscellaneous/1507054-case-submission.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Case Submission

Week 6 Case Study 2 Submission

...Cryptography Number: Lecturer: Introduction With the current trends in technology, there is the emergence of complex systems, automated business transactions, and e-commerce applications that need the installation of complex and rigorous security measures. Public key cryptography is a security technology that is known for the support of security mechanisms like confidentiality, integrity, non-repudiation, and authentication. For the Software Company to achieve this security assurance there must be careful planning for the infrastructure. A public key infrastructure (PKI) is a foundation whereby other applications, systems and components of security are built. A PKI is a foundation where it acts as an overall security whereby all... Number:...
2 Pages(500 words)Assignment

GE Case Questions / Baldrige Assessment Submission

... When Jack Welsh took over the management of General Electric Company from Reg Jones in 1981, manufacturingwas its core business. The company was highly bureaucratic and hierarchical hence unresponsive to changes. By 1980, it had nine layers of hierarchy and 28 employee classification levels hindering effective communication and information sharing. Managers lacked customer focus and spent much time dealing with minor internal issues. The strategic planning process was elaborate, rigid, time consuming, centralized rather than real time planning. Performance measures were non-existent hence pay was based on position or seniority. The company thus needed to change its corporate strategy to become more efficient and responsive... When Jack...
2 Pages(500 words)Assignment

Employment Law: Simpson v AFS and Tom Barnes Case

What is usually required is that the person vicariously liable has in some manner conceivably authorized the conduct giving rise to the tort. There are three circumstances in which one person may be held vicariously liable for the misconduct of another.1 They are:

1. A master/servant relationship such as an employer/employee. In these types of relationships, the master is liable for the misconduct of an employee provided the latter is acting in the course of his or her employment.

On the facts of the case for discussion, the vicarious liability involved turns on the master/servant or employer/employee relationship. The general rule is that it is the nature and circumstances of the actual employment that justi...
13 Pages(3250 words)Case Study

Analysis of Lemuel Shaw 1830 Roberts v. The City of Boston Case

In 1801, Lemuel Shaw started studying law and was admitted to the bar in September 1804; after which he started practicing in Boston. Slowly his practice became large, however, he also served as the adviser of several commercial enterprises. Not only that, he held many public positions, from 1811 – 1814, as well as in 1820 and 1829, he was a member of the Massachusetts House of Representatives, during 1820 he also was a member of the constitutional convention, while in 1821 –1822, he served as a state senator. He was offered the position of Chief Justice of the Massachusetts Supreme Court; after being so appointed in 1830, he served there for 30 years, till August 21, 1860, when he resigned. He had four children from t...
7 Pages(1750 words)Case Study

Analysis of Trust Law Case

Once the court is satisfied that the “declarant had the requisite intention it will strive to validate it.”3 Certainty of intention will therefore be the most important element for determining whether or not the letter constitutes an enforcable trust.

Assuming that the trust held by the trustees under the father’s will trust in favor of Sally and the trust agreement in respect of the horse are valid trusts the question of cetainties are not valid except to the extent that a new trust is created in favor of Sally’s children and thereby extinguishing the previous trusts. This is particularly so with respect to the will trust. The trust agreement over the horse only involves the disposition of a ben...
7 Pages(1750 words)Coursework

Analysis of the Case of Hickman v Kent or Romney Marsh Sheepbreeders Association Ltd

There were several basic legal provisions that gave direction to the formation of a company in the United Kingdom. It has its original foundation in 1844 when the Joint Stock Companies Act1 1844 was formulated. It has given regulations for facilitating the formation of companies by "deed of settlement". Gradually, the shareholder concept was initiated in 1855 by the general incorporation procedure in the name of Limited Liability Act2 1855. This has offered limited liability to shareholders and provided identification to the company as a separate legal persona. The doctrine of limited liability postulates that a company shall be liable for the debts that it incurs, and even if it undergoes closure for any grounds, creditors cannot...
6 Pages(1500 words)Case Study

Operating in India: The Case of Exceed Corporation

On the other hand, it would be required that the firms interested to operate globally can meet the demands of the market in which they plan to enter.

In the case of India, the operation of foreign firms across the country is related to a series of problems. More specifically, private – driven commercial activities cannot be expanded further from a pre-defined framework: there are commercial activities in the country that belong to the exclusive administration of the government and they are conducted by state-owned enterprises. India is a country of low income (referring to the income of the vast majority of its population which is estimated to be approximately 1,165,577,000 in accordance with a recent report publishe...
18 Pages(4500 words)Case Study

The Case of R v Turnbull

The defendants planned to rob a bank’s customer deposits in the bank’s safe by posting a notice diverting the dropbox to another location, which they planned to burgle. Several customers did, in fact, drop their wallets loaded with money into the dropbox, however, one customer was suspicious and alerted the police. The strength of the prosecution’s case rested on the visual recognition provided by a police constable who clearly saw one of the defendants removing a sign from the bank premises and recognized him. On this basis, the court of appeal concluded that the appeal of the defendants could not stand. It was held that if visual identification had been the only evidence, the outcome would not have been definit...
10 Pages(2500 words)Case Study

The Idea of Liberty in Sam Slime Case

... Sam Slime This could certainly be the case of the rich get richer and the poor go to jail, especially in a country that is trying to serve many masters. The government of the United States is certainly a political and governmental entity, but at it heart it has almost always been a voice of corporate business and expansion of wealth for the few. It operates seemingly under the principle guise of what is good for business is good for the people. One could say that the state of the economy today is the fallout of this mindset. In the “Sam Slime” case study we see the idea of liberty as applied by several masters. The first, when Sam Slime mugs you outright is a matter for governmental law and order. Cleary there is a criminal (Sam...
8 Pages(2000 words)Coursework

Analysis of OReilly v Mackman Case

Judicial review is a concept which is constitutionally undecided as it on one side, it shores up the rule of law, democracy, and pre-eminence of parliament by facilitating the courts to check the boundaries of government authority and on another side, the courts are open to the decision on the plants based on the fact of separation of authorities that are intimating with the verdicts of democratically elected institutions. Judicial review is not apprehended with the virtues of government assessment but deals with whether the deciding authority has remained within the legal boundaries and whether broad principles of rationality and fairness adhere. The constitutional basis of judicial review is debated as one view holds that it is...
8 Pages(2000 words)Case Study

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study

Case of Dementia Patient

This standard requires everyone to take care and control of any activity that is ought to happen or be done by dementia patients as their personal responsibility. The client being Mr Paul is likely to suffer a high head concussion or even a sudden death. Dementia patients don’t have control or clear conscience on the act they do when they feel frustrated, the organization where he was as likely to suffer from poor operation and an eventual closure due to poor treatment of clients.
Quality standards cover the care and support to people living with dementia. The standard applies to all social care settings and services working with caring for people with dementia. The standards also extend to cover care provided by health...
9 Pages(2250 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Case Submission for FREE!

Contact Us