Carlill V Carbolic Smoke Ball Essay Example

making an offer open to the whole world.

The Court then went on to rule that by purchasing the product and using it in the prescribed manner, Mrs Carlill had accepted the terms of the offer, and a contract between her and the company was formed. The fact that she had not advised the company of her acceptance of their offer did not change the facts of the case. Lord Justice Bowen used the famous 'lost dog' example to illustrate the reasoning behind this part of the decision: “If I advertise to the world that my dog is lost, and that nybody who brings the dog to a particular place will be paid some money, are all the police or other persons whose business it is to find lost dogs to be expected to sit down and write me a note saying they have accepted my proposal? ”

The Court awarded her damages and found in favour of Mrs Carlill. The importance of the decision is that today we can respect the rights of consumers, and also respect the guarantees; is very interesting that even though in the business world,we have many injustices and deceptions on the part of sellers to consumers, we have laws that support the protection of consumer at any time.