Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256
The case of Carbolic Smoke Ball Co. v.
Can an advertisement constitute a binding offer in a unilateral contract, and is intention to create legal relations necessary for a valid contract formation?
For a unilateral contract to be formed, the advertised terms must be clear enough to allow acceptance through performance, with a demonstrated intention to create legal relations, which can be inferred from the seriousness of the offer.
The Court of Appeal held that the advertisement did constitute a binding unilateral offer, which Mrs. Carlill had accepted by performing the conditions stipulated. The deposit of £1,000 demonstrated the company's intention to create legal relations.
This case is critical for law students as it establishes the principle that advertisements can create binding obligations if they clearly specify an offer. It also underscores the necessity of intent and demonstrates the application of objective standards in analyzing contracts. The case is frequently cited for discussions on the enforceability of unilateral contracts, intention, and the reasonable person's interpretation of an offer's seriousness.