Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:

Read the source given below and answer the questions that follows:

In an English case Carlill v Carbolic Ball Co. (1893, IQB 256) the company was the manufacture of a medicine called smoke ball which was used for the treatment of influenza. The company believed that the medicine completely cured influenza. An advertisement was put up offering reward of £100 to anyone who got influenza again after using the smoke ball medicine continuously for fifteen days.

In the advertisement, it was also stated that £1.000 was deposited in a Bank, namely Alliance Bank for paying the reward if such situation arose. Seeing the advertisement Mrs. Carlill bought the sanoke ball medicine and used it as per directions provided. Mrs.Carlill got a fresh episode of influenza, Mrs Carlill sued the company for the reward of £100.

Identify the courts correct judgment.

Options:

The court accepted the contentions of the Carbolic Smoke Ball Company

The court rejected Mrs. Carlill's suit as the offer made was general and not personal

The court allowed Mrs. Carlill to claim for £100

The court accepted Carbolic Smoke Ball Company to sue Mrs. Carlill for defamation

Correct Answer:

The court allowed Mrs. Carlill to claim for £100

Explanation:

The correct answer is Option (3) → The court allowed Mrs. Carlill to claim for £100