Carlill v Carbolic Smoke Ball Company

Task 1 Karabo v Simbere The main issue of this scenario is whether a contract had been formed between the two parties. The English law of contract explains a contract as a legally binding or valid agreement between two or more parties with the purpose of creating a commitment. Formation of a valid contract must contain the elements; offer and agreement, consideration and Intention. An offer is a definite statement of willingness to be bound on specified terms. Acceptance can be defined as…

has displayed his goods for sale, there are no certain conditions and he is inviting customers to make an offer, there is still room for negotiations which means that it is an invitation to treat. It was held in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd., [1953] 1 QB 401 that goods on display are not an offer but, they are an invitation to treat. The customers make an offer to the shopkeeper which he has the right to accept or reject. A cashier accepts the…

as it indicates no fixed time limit in which the offeree has to act, thus it will be available until a party decides to act upon the offeror’s promise and to communicate an acceptance that complies with the terms of the offeror, see Carlill v Carbolic Smoke Ball Company [1983] 1 QB 256, Court of Appeal. Without this, a contract cannot…