Carlill v Carbolic Smoke Ball Co
[1893] 1 QB 256
Court of Appeal (England and Wales) · 1893
Good law
Headnote
Classic authority on unilateral contracts: an advertisement promising a reward can be an offer accepted by performance of the stipulated conditions.
Bench
Lindley, Bowen and A L Smith LJJ
Facts
The company advertised £100 to anyone who used its smoke ball as directed and still caught influenza. Mrs Carlill did, and claimed the reward.
Held
The advertisement was an offer, not mere puff; performance constituted acceptance and consideration, and notification was not required.
Key passage
“It is an offer made to all the world; and why should not an offer be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition?”
[1893] 1 QB 256, 262 (Bowen LJ)
Citation formats
OSCOLA
Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 (CA) 262.
Short form
Carlill (n 1) 262.
AGLC
Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256, 262.
Authorities considered
- Williams v Carwardine
(1833) 4 B & Ad 621