Legal Principle: 'When, at the desire of the promisor, the promisee or, any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise, is called a consideration for the promise'.Factual Situation: The Carbolic Smoke Ball Co. offered by advertisement a reward of £100 to any person who should contract influenza after having used the smoke ball three times daily for two weeks according to the printed directions. It also added that £100 deposited in the bank showing its sincerity in the promise. The plaintiff Mrs Carlill used the smoke ball according to the directions to the company but contracted influenza.Issue: Is the company liable to give the reward and is Mrs Carlill entitled to an award as prayed for?Decision:

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Legal Principle: 'When, at the desire of the promisor, the promisee or, any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise, is called a consideration for the promise'.<br>Factual Situation: The Carbolic Smoke Ball Co. offered by advertisement a reward of £100 to any person who should contract influenza after having used the smoke ball three times daily for two weeks according to the printed directions. It also added that £100 deposited in the bank showing its sincerity in the promise. The plaintiff Mrs Carlill used the smoke ball according to the directions to the company but contracted influenza.<br>Issue: Is the company liable to give the reward and is Mrs Carlill entitled to an award as prayed for?<br>Decision:






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