Law Case study on Offer and Acceptance (solved)

Case

Cyber Pharma was manufacturing a medicine for cure aids. They advertise in international magazine saying that whoever consumes this medicines will not suffer from aids. Mrs. Mathew read this advertisement in the magazine and purchased she claimed for the reward of 10 million pounds as a compensation as promise in the advertisement can she claim? Will she succeed?

Answer

The given case is under the chapter of offer and acceptance. Offer refers to the signification by one person to another of his willingness to enter in to a contract with him on certain terms. It may be expressed or implied from the conduct of the parties.

In this set case Cyber Pharma was manufacturing a medicine for cure aids. They advertise in international magazine saying that whoever consumes this medicines will not suffer from aids. Mrs. Mathew read this advertisement in the magazine and purchased she claimed for the reward of 10 million pounds as a compensation as promise in the advertisement. But company refuse it.

 

Case : Carlill V/S Carbolic Smoke Ball Co.

Carbolic smoke ball co, advertise in paper – whoever consume their medicine will not suffer from influenza. In case they suffer they will give 1000 pound. This advertise read by Carlill and she consumed and used in spite of that she suffering from influenza. She went to company and asking for reward but company said she didn’t communicate that she purchasing their company’s product.

 

Judgement :

As mentioned above here Mrs. Mathew read the giving Advertisement and according to the instruction she performed that means she accept the given order and in spite of that she suffered from Aids. The parties can enter in to contract when there is an offer and acceptance. here both are present so it is an contract.

Therefore Mrs. Mathew can claim for the compensation.

 

 

About YATIN PATIL

Hanger for technology and creativity, working as a marketing personnel who loves to write on creative techniques and creative marketing ideas. always believe on LEARNING

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