10 Questions
In Carlill v Carbolic Smokeball Co (1893), the defendant company offered to pay £100 to a person who smoked a 'smokeball' ______ times a week
three
Mrs. C contracted influenza after using the smokeball and the actual act of sniffing the smokeball was considered ______
consideration
Harvey v Facey (1893) involved a telegram exchange about the sale of Bumper Hall Pen, where the defendants telegram was not considered an ______ but an indication of the minimum price
offer
According to the Privy Council in Harvey v Facey (1893), the plaintiffs' second telegram could not be considered as ______
acceptance
FISHER v BELL (1961) involved a shopkeeper displaying a flick knife in the window despite it being an offence to 'offer for sale' a 'flick knife' as per the Restriction of Offensive Weapons Act ______
1959
The shopkeeper in FISHER v BELL (1961) was prosecuted in the magistrates' court but was not convicted as the knife had not, in law, been ______ for sale
offered
Lord Parker CJ stated: "It is perfectly clear that according to the ordinary law of contract the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an ______ for sale the acceptance of which constitutes a contract." PSGB v Boots (1953) The Court of Appeal ruled that the defendants' self-service shop sold certain drugs under the supervision of a registered pharmacist. Somervell LJ stated that a contract is completed when the seller accepts an ______, unlike an ordinary shop where goods are displayed. Partridge v Crittenden (1968) Bramblefinch cocks, Bramblefinch hens, 25s each The High Court quashed a conviction for ______ing certain wild birds for sale. Lord Parker CJ argued that advertisements should be interpreted as invitations to treat, not sales. Lord Herschell in Grainger v Gough (Surveyor of Taxes) AC 325 stated that a price list does not constitute an ______ to supply unlimited quantities of a specific wine, as it would limit the merchant's stock."
offer
The Court of Appeal ruled that the defendants' self-service shop sold certain drugs under the supervision of a registered pharmacist. Somervell LJ stated that a contract is completed when the seller accepts an ______, unlike an ordinary shop where goods are displayed.
offer
Bramblefinch cocks, Bramblefinch hens, 25s each The High Court quashed a conviction for offering certain wild birds for sale. Lord Parker CJ argued that advertisements should be interpreted as invitations to ______, not sales.
treat
Lord Herschell in Grainger v Gough (Surveyor of Taxes) AC 325 stated that a price list does not constitute an ______ to supply unlimited quantities of a specific wine, as it would limit the merchant's stock.
offer
Study Notes
- Displaying an article with a price tag in a shop window is considered an invitation to treat, not an offer for sale according to Lord Parker CJ in PSGB v Boots (1953).
- In Somervell LJ's ruling in the same case, it was stated that a contract is formed when a seller accepts an offer, unlike in traditional shops where goods are displayed.
- Lord Parker CJ argued in Partridge v Crittenden (1968) that advertisements should be seen as invitations to treat and not as offers.
- Lord Herschell in Grainger v Gough (Surveyor of Taxes) AC 325 clarified that a price list does not constitute an offer to supply unlimited quantities of a specific product.
- In Carlill v Carbolic Smoke Ball Co (1893), it was established that the act of using the smokeball as advertised constituted valid consideration, and the company's advertisement was deemed a valid offer.
This quiz is about the landmark case Carlill v Carbolic Smokeball Co (1893) where the defendant company offered a reward for using their product. Learn about the legal arguments and principles involved in this case.
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