The defendant 'X', a sole proprietary concern manufacturing a medicine, which was a Barbolic Calis, whose smoke could be inhaled through the nose to cure influenza, cold and other connected ailments, issued an advertisem
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2024
The defendant 'X', a sole proprietary concern manufacturing a medicine, which was a Barbolic Calis, whose smoke could be inhaled through the nose to cure influenza, cold and other connected ailments, issued an advertisement for sale of this medicine. The advertisement also included a reward of 100 dollars to any person who contracted influenza, after using the medicine (which was described as 'Barbolic smoke Calis'). A lady 'Y' bought these smoke Calis and used them as directed but contracted influenza. Based on the facts as above, answer the following: Whether the Lady 'Y' is entitled to get compensation ? Give reasons.
Answer & Explanation:
In the above matter lady "Y" was entitled to get compensation of 100 dollars as she had performed the condition for acceptance of the offer. Further as the advertisement did not require any communication of compliance of the condition as a mode of acceptance of offer, it was not necessary to communicate the same.
Topics: Contract Law
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