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 advertisement constituted a legal offer ? Discuss.

Answer & Explanation:

Rules relating to Offer Following are the rules for a valid and legal offer: The 'offer' must be with intent to create a legal relationship. Hence if it is accepted, it must result in a valid contract. The offer must be certain and definite. It must not be vague. If the terms are vague, it is not capable of being accepted as the vagueness would not create any contractual relationship. The offer must be express or implied. The offer must be distinguished from an invitation to offer. The offer must be either specific or general. The offer must be communicated to the person to whom it is made. The offer must be made with a view to obtaining the consent of the offeree. The position was clearly explained in the famous case of "Carlill Vs Carbolic & Smokeball Co". In view of the above discussion, it can be said that the advertisement may constitute a legal offer.

Topics: Contract Law

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