In Carlill V Carbolic Smoke Ball Co. (1893) 1QB 256, the defendant manufacturer of an influenza preparation , promised to pay £ 100 to any purchaser who used their product in accordance with the directions , and caught influenza. The plaintiff Mrs. Carlill, purchased the product , used it in accordance with the directions and caught influenza . She sued the company for for breach of contract. Was there a valid offer by the company to pay her £100 on contracting the disease? Did Mrs Carlill validly accept any offer of the company?
Yes! Before the transaction was complete, the company did promise about the compensation when there was a deviation in the expected performance of the product. Accordingly, the company promised to repay the consumer for contracting the disease. Hence, this was a valid offer by the company to pay defendant the compensation for being caught due to influenza.
Mrs. Calill did not accept other offers of the company as she lost the trust and the product malfunctioned against her expectations. She sued the company for the breach of contract and claimed the money.