The Contract Act, 1872. (Problem Solving, Topic-General Offer)(BJS Preparation)
BJS Exam (Preliminary, Written, Viva) Preparation Series Question: A company advertised that the company would pay Tk. One lakh to anyone who contracted influenza after having used the smoke balls. ‘X’ used the smoke ball according to its instructions but contacted influenza. She claimed the reward offered by company. Is ‘X’ entitled to reward? Give reasons and also refer case-law, if any, on the point. Answer: Yes, ‘X’ is entitled to reward offered by company- Carlill v. Carbolic Smoke Ball Company , 1930 WN 189. Reasons: An offer may be specific or general. Salmond says that a general offer is an offer which is made to the world at large. A general offer may be accepted by any one by fulfilling the conditions of offer and it is not necessary to give the notice of acceptance to the offeror in case of general offer. The facts of this problem have been taken from the famous case of Carlill v. Carbolic Smoke Ball Company , referred above. In t...