Contract Law And Entrepreneurship: An Analysis Of The Carlill V. Carbolic Smoke Ball Co. Case

Keshav Krishnan & Shubhra Sharma, O. P. Jindal Global University

ABSTRACT

Most of the times the rights of businesses are overlooked because they are looked at from the lens of profit making organisations and the rights of the customers are over protected. As the Latin phrase goes ‘Caveat emptor’, which essentially means, let the buyer be aware, customers also hold liability of their actions. In todays highly globalised world, advertisements are the best means to make a product reach its right customer. There are a lot of laws protecting the consumers, and in most cases, it is the consumers who are looked at from the lens of the wronged. In one such landmark case, is the Carlill v. Carbolic Smoke Ball CO. case., the rights of the plaintiff, the customer (Mrs.Carlill) were very efficiently protected by the Lords Justice Lindley, Justice Smith and Justice Bowen. This response paper critically analysis the case Carlill v. Carbolic Smoke Ball CO. to understand how the judgment was biased a little towards the plaintiff. It also answers the question, “What are the commercial uncertainties that stem out of flawed implementation of doctrine of consideration as well as privity in a unilateral contract,” in the landmark judgment, Carlill v. Carbolic Smoke Ball CO. case.