In pandemic of Covid 19 a drug company made an offer by advertisement, a reward of ₹ 10,000 to anyone suffering from Covid after using their drug in prescribed manner. Mrs. Romila having taken the drug as per prescriptio
CS Executive · Economic, Business and Commercial Laws · PYQS · June 2022
In pandemic of Covid 19 a drug company made an offer by advertisement, a reward of ₹ 10,000 to anyone suffering from Covid after using their drug in prescribed manner. Mrs. Romila having taken the drug as per prescription could not be cured. She claimed for the money. Will she succeed ?
Answer & Explanation:
Yes, she will succeed. The problem is based on the leading case of 'Carlill v. Carbolic Smoke Ball Co.' wherein the company offered by advertisement a reward of £100 to anyone who contacted influenza after using their smoke ball in the specified manner. Mrs. Carlill used the smoke ball in the specified manner, but was infected by influenza. She claimed the reward and it was held that she could recover the reward as a general offer can be accepted by anybody. Since this offer is of a continuing nature, more than one person can accept it and can even claim the reward.
Topics: Commercial Laws
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