Carlill v Carbolic Smoke Ball Company Quiz

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Questions and Answers

What was the first point raised in the Court below?

  • The contract being a policy (correct)
  • The contract being a bet
  • The effectiveness of the smoke ball
  • The terms of the contract

What did Hawkins, J., conclude about the nature of the transaction?

  • It was a legally binding bet
  • It had nothing in common with a bet (correct)
  • It was a policy
  • It was an illegal transaction

What did Lord Justice Lindley dismiss as not worth serious attention?

  • The effectiveness of the smoke ball
  • The contract being a policy
  • The terms of the contract
  • The contract being a bet (correct)

What did Lord Justice Lindley agree with Hawkins, J., about?

<p>The nature of the transaction (D)</p> Signup and view all the answers

What did Lord Justice Lindley refer to simply for the purpose of dismissing?

<p>Two points raised in the Court below (D)</p> Signup and view all the answers

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Study Notes

Court Proceedings Overview

  • The first point raised in the Court below addressed the foundational arguments or issues at hand which significantly influenced the case's direction.
  • Hawkins, J. concluded that the nature of the transaction was essential in determining the legal implications and outcomes, emphasizing the transactional context in his analysis.
  • Lord Justice Lindley dismissed certain arguments as trivial or lacking substantive merit, indicating they did not warrant detailed consideration in the legal judgment.
  • Lord Justice Lindley expressed agreement with Hawkins, J. regarding specific aspects of the case, reinforcing the validity of the conclusions drawn by Hawkins on the nature of the transaction.
  • For the purpose of dismissing some arguments, Lord Justice Lindley referred to them briefly, indicating a lack of relevance to the core issues being adjudicated.

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