Carlill V. Carbolic Smoke Ball Company
Carlill V. Carbolic Smoke Ball Company
Relying purely on Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 and Pharmaceutical Society of Great Britain v. Boots Cash Chemists Ltd (1952) 2 QB 795, discuss the strengths and weakness of NeilЎЇs claim the Harley Davidson. Give full reason for your answer and discuss arguments for and against Neil.
The Bike show (defendant) used the Harley Davidson as a simple Ў°gimmickЎ°to attract more attention towards the customers. They held no definite promise or seriousness in giving it out as the prize. The advertisement only promoted on the prizes and the Ў°new bikeЎ±. Creating it to be a vague statement and therefore provides the idea that the advertisement was leaning more towards a proclamation rather than a promise or offer to be bound. The Carlill v. Carbolic Smoke Ball Company case holds a very similar argument where the advertisement was considered a Ў°mere puffЎ± rather than a promise or offer to be bound. Both cases used highly exaggerated remarks about their advertisements and yet a reasonable person would not consider it as an exaggeration and would take the advertisements into serious consideration. Therefore, both cases had stated that they had no intention because a definite promise was not made.
However, although Ў°bikeЎ± is a very vague statement it was also the only prize singled out of the hundreds to be won, that was written on the advertisement. Ў°You could win a new bike, or one of a hundred prizes.Ў± A reasonable person would understand that the bike is the major prize to be won because it is the separated prize. Carlil v. Carbolic Smoke Ball Company uses a similar argument where wording had been magnified. The disease had not been contracted Ў°usingЎ± the smoke balls rather than being the past tense Ў°had used.Ў±
The advertisement was to promote the show and the prizes that were to be won was clearly a bonus to the promotion. The Harley Davidson and the rest of the other prizes were displayed to entice the people. Which then becomes an invitation to treat as the Bike show is not making an offer to sell but an offer to opportunity