LANDMARK CASE

Carlill v. Carbolic Smoke Ball Co.

[1893] 1 QB 256 · Court of Appeal (UK) · Contract law

At a glance

Citation: [1893] 1 QB 256
Court: Court of Appeal (UK)
Area of law: Contract law
In one line: Yes. A unilateral offer can be accepted by performing the condition, without notifying acceptance.

1 Facts

A company promised £100 to anyone who caught influenza after using its smoke ball. Mrs Carlill used it and fell ill.

2 Issue

Can an advertisement be an offer to the world?

3 What the court decided

Yes. A unilateral offer can be accepted by performing the condition, without notifying acceptance.

4 Why it matters

A classic on general offers, reflected in Section 8 of the Indian Contract Act.

5 Think about it

How is this different from an invitation to treat?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

7 More cases on Contract law

Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas AIR 1966 SC 543
Central Inland Water Transport Corporation v. Brojo Nath Ganguly (1986) 3 SCC 156
Energy Watchdog v. Central Electricity Regulatory Commission (2017) 14 SCC 80
Fateh Chand v. Balkishan Dass AIR 1963 SC 1405
Felthouse v. Bindley (1862) 11 CB (NS) 869
Gherulal Parakh v. Mahadeodas Maiya AIR 1959 SC 781

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