The Case Carlill V Carbolic Smokeball Company Ltd Essay

1056 Words Nov 30th, 2016 5 Pages
One party making an offer which accepted by another party is the formation of the contracts. Theoretically, these contracts are divided into two types, unilateral and bilateral contracts, by different numbers of the parties who assume the obligation under the contract. The case Carlill v Carbolic Smokeball Company Ltd [1893] 1 QB 256 is a typical one for the unilateral contract, which, to some extent, influences the law of offer and acceptance.

In nineteenth-century though, all contractual obligations came from the joint wills of contracting parties, which is the so-called theory of the law of contract. Thus the function of law courts was merely faithfully implementing the wills of the parties of the contract. Some people said that there should be any consequence of the joint intention to create legal relations before making an agreement. This theory was regarded as law without any cases but can explain the certain old cases in which the court had held there to not contract. However, this situation end up with Carlill’s case, she brought her action with a clear recognition of requirement of an intention to create legal relations (Richard. S and Ralph. C, 2007).

It is possible to make an offer to the whole world, though the offers generally are made to a specific person or a specific group of people in most situations, but offers can also be made to the world at large. The main problem is the offers cannot contract with everybody (James M and Katy.F, 2015). Carlill’s…

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