CARLILL V CARBOLIC SMOKE BALL CO [1893]
IN THE 1890S, ENGLAND WAS PLAGUED BY TWO RELATED PHENOMENA: ANINFLUENZA EPIDEMIC AND QUACK MEDICINE. THE CARBOLIC SMOKE BALL COWAS ONE OF MANY COMPANIES THAT TRIED TO CAPITALIZE ON THE COUNTRY’SILL HEALTH. IT PRODUCED A HAND-HELD GADGET THAT, WHEN SQUEEZED,EMITTED A SMALL CLOUD OF CARBOLIC ACID DUST. THE COMPANY CLAIMEDTHAT IF ONE INHALED THE DUST REGULARLY, IT WOULD PREVENT A LONGLIST OF AILMENTS RANGING FROM DIPHTHERIA AND BRONCHITIS TO SNORINGAND SORE EYES. AS PART OF ITS MARKETING PLOY, THE COMPANY PUBLISHEDAN ADVERTISEMENT THAT OFFERED TO PAY £100 TO ANY PERSON WHOCONTRACTED INFLUENZA WHILE USING THE CARBOLIC SMOKE BALL. MRSCARLILL SAW THE AD, BOUGHT THE PRODUCT, AND USED IT AS DIRECTED.WHEN SHE LATER CAME DOWN WITH THE FLU, SHE CLAIMED TO BE ENTITLEDTO £100. THE COMPANY REFUSED TO PAY. IT SAID THAT THERE WAS NOCONTRACT BECAUSE SHE HAD NOT TOLD THEM THAT SHE HAD ACCEPTED THEIROFFER AND WAS USING THEIR PRODUCT.
think critically about what you know of the nature of offer andacceptance. Has Mack committed a crime? What argument should Mack'slawyer make to absolve him?
