All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

Practice Mode:
63.

In famous Carlill v. Carbolic Smoke Ball Co., (1893) 1 QBD 256, the Hob’ble Court held that the Contract was accepted on being _____

A: Communicated
B: Acted upon
C: Refused
D: Advertised

The answer is: B

Explanation

The correct option is B: Acted upon.

This means that the contract was accepted by the plaintiff when she performed the conditions specified in the advertisement, which was the offer made by the defendant. She did not need to communicate her acceptance to the defendant, as the offer was a unilateral one, which only required performance as acceptance. This was the decision of the Court of Appeal in Carlill v. Carbolic Smoke Ball Co., which is a famous case in contract law.

Some additional sentences are:

The Court of Appeal rejected the defendant's argument that the advertisement was a mere puff or a joke, and held that it was a serious and sincere offer, as evidenced by the claim of depositing £1000 in a bank to show their confidence in their product.

The Court of Appeal also rejected the defendant's argument that there was no consideration for the contract, and held that the plaintiff provided consideration by using the product and exposing herself to inconvenience and possible harm. The Court also noted that the defendant benefited from increased sales and publicity by making the offer.

The Court of Appeal also rejected the defendant's argument that there was no specific person or class of persons to whom the offer was made, and held that the offer was made to anyone who performed the conditions, and that the plaintiff was one of them