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Special Civil Suit^ No.234^ of^2019
Mrs. Jane Carlill
Resident of Jane building 3rd floor
A.P. Road
Borivali East Mumbai Plaintiff
V/S
Carbolic Smoke Ball Company
A company registered under Companies Act, 2013
Having its^ registered Office^ at^ Regent^ tower
Sth floor Era building
Ring Road
Borivali West Mumbai Defendant
Special Civil Suit No.234 of 2019
Mrs. Jane Carlill Plaintiff
V/S
Carbolic Smoke Ball Company Defendant
TABLE OF CONTENTS
1) Index of Authorities
2) Index of Abbreviations
3) Synopsis^5
4) Statement of Jurisdiction^6
- Statement of Facts
6) Statement^ of^ Issues
- Summary of Arguments^9
- Arguments Advanced^10
9) Prayer^12
Special Civil^ Suit^ No.234^ of^2019
Mrs. Jane Carlill Plaintiff
V/S
Carbolic Smoke Ball Company Defendant
LIST OF ABBREVIATIONS
& And
AIR All^ India^ Ranking
Sec Section
HC High Court
SC Supreme Court
VIS Versus
i.e. That^ is Hon'ble Honourable
CPA Consumer Protection Act
Art Article
Adv Advocate
b/w between
Special Civil Suit No.234 of 2019
Mrs. Jane Carlill Plaintiff
VIS
Carbolic (^) Smoke Ball (^) Company Defendant
SYNOPSIS
1)The Carbolic Smoke (^) Ball (^) Company advertised that it's^ new^ wonder drug, Sinoke^ ball,^ would Cure people's influenza, colds or any other disease caused by cold & ifit did not buyer would receive 1000 rupees as a reward.
2) The Carbolic Smoke Ball Company deposited 10,000 rupees with Alliance Bank showing
their sincerity.
- When sued, Carbolic argued the advertisement was not to be taken as a serious, legally binding offer. It was merely an invitation to offer and a gimmick.
4)Ball But, Company the^ court had^ of madeappeal a serious offer. People held^ that^ it would appear had^ togiven "good consideration" for it^ a^ reasonable^ man^ that^ Carbolic bySmoke going to
"distinct inconvenience" of using faulty product
5) The^ defendant^ was^ liable^ for the^ Damages^ claimed^ by^ plaintiff.
Special Civil Suit^ No.234^ of^2019
Mrs. Jane Carlill Plaintiff
V/S
Carbolie Smoke Ball Company Defendant
STATEMENT OF FACTTS
- The^ Carbolic^ Smoke^ Ball^ Company^ produced^ the"^ The^ Carbolic^ Smoke^ Ball"^ designed^
to
prevent users^ contracting^ influenza^ or^ similar^ illness.
2) The^ company^ advertised^ that^1000 rupees^ will^ be^ rewarded^ to^ that^ person^ who^ contracts^
the
increasing epidemic^ influenza,^ cold^ or^ any^ other^ similar^ disease^ after^ using^ smoke^ ball 3^ times
daily for^2 weeks^ and^ deposited^ 10,000^ rupees^ with^ the^ alliance^ bank^ showing^ their^ sincerity
towards this matter.
3) Mrs.^ Jane^ Carlill^ bought^ one^ of^ the^ balls^ &^ used^ it^ as^ directed^ and^ subsequently^ caught^ flu^ and
claimed for the reward.
4) The^ company^ refused^ to^ pay^ and^ the^ plaintiff^ filed^ a^ suit^ to^ recover^ 25,00,000^ rupees^ as
damages from defendant.
5) The^ advertisement^ was^ clearly^ an^ offer,^ it^ was^ designed^ to^ be^ read^ and^ acted^ upon^ and^ was^ not
an empty boast.
6) The^ advertisement^ was^ made^ to^ the^ public^ and^ as^ soon^ as^ a^ person^ does the^ specified^ act,^ there
is a^ contract.^ Merely performing the^ act^ constitutes^ acceptance;^ further^ communication^ is^ not
necessary.
Special Civil^ Suit^ No.234^ of^2019
Mrs. Jane Carlill Plaintiff
V/S
Carbolic Smoke Ball Company Defendant
STATEMENT OF ISSUES
- Whether^ the^ Plaintiff proves that there^ was^ a^ valid Offer?
2) Whether^ the^ Plaintiff^ proves^ that^ there^ was^ a^ valid^ Acceptance^ of^ the^ general^ Offer?
3) Whether^ the^ Plaintiff^ proves^ that she^ is^ entitled^ to^ the^ Damages^ claimed?
BEFORE (^) THE (^) CITY (^) CIVIL (^) COURT (^) AT (^) DINDOSHl Special Civil^ Suit^ No.234^ of^2019
Mrs. Jane Carlill Plaintiff
VIS
Carbolic (^) Smoke (^) Ball (^) Company Defendant
ADVANCED ARGUMENTS
- Whether the plaintiff prove that there was a valid offer?
Tes ,there was a valid offer as offer was made^ to^ world^ at^ large^ i.e.^ general^ offer^ and^ lt
was not a mere puff, but a serious^ offer^ as^ the^ Carbolic^ Smoke^ Ball^ Company^ aeposilcu
10,000 rupees with the Alliance Bank showing their sincerity Advertisement was an valid^ offer as they were^ under^ 2:n^ obligation^ to^ fulfill^ because^ it was published^ so^ it^ would^ be read^ and^ acted^ upon.
According to^ Sec-4^ of^ Indian^ Contact^ Act,^ 1872,^ the^ communication^ becomes^ complete
and (^) Sec-2(a), it^ was^ a^ valid^ offer and^ proper proposal^ was^ made.
2) Whether^ the^ plaintiff^ proves^ that there^ was^ valid^ acceptance^ of^ the^ general^ offer?
Yes, there^ was^ a^ valid^ acceptance^ of^ the^ general^ offer^ and^ the^ acceptance^ was
communicated.
notificationIf^ an^ offer is^ invitesrequired^ an to^ offereeform an^ to acceptance, unless otherwise specified. So,^ accept^ by^ rendering^ performance,^ no^ additionaltherefore
there was an existence of the contract as promise is binding even though not made to
anyone in particular. Contracts formed from such offer are called unilateral contracts.
Unilateral contract-t offers to anybody who performs the condition named in the
advertisement and anybody who does perform the condition, accepts the offer likewise
the plaintiff who used the smoke ball and still she contacted flu after using it 3 times
of
daly for^2 weeks.^ Therefore Onstitutes valid acceptance and^ proper^ consideration
the Offer.
3) Whether^ the^ plaintiff proves that she is entitled to the Damages claimed
Yes, Plaintiff is entitled for the Damages claimed^ i.e.^ 25,00,000^ r^ pees^ from^
Carbolic
2 weeks although she has followed all the^ necessa terms^ and^ conditions
Smoke Ball Compa as she suffered fromimental^ illness^ and^ was written in the
hospitalizedfor^ about ch of
advertisement by the company and still^ she^ contacted flu.^ So,^ there^ was^
aD
contact.
