Judgment
See also: Litigation before the judgment in Carlill v Carbolic Smoke Ball CompanyThe Carbolic Smoke Ball Company, represented by HH Asquith, lost its argument at the Queen's Bench. It appealed straight away. The Court of Appeal unanimously rejected the company's arguments and held that there was a fully binding contract for £100 with Mrs Carlill. Among the reasons given by the three judges were (1) that the advert was not a unilateral offer to all the world but an offer restricted to those who acted upon the terms contained in the advertisement (2) that satisfying conditions for using the smoke ball constituted acceptance of the offer (3) that purchasing or merely using the smoke ball constituted good consideration, because it was a distinct detriment incurred at the behest of the company and, furthermore, more people buying smoke balls by relying on the advert was a clear benefit to Carbolic (4) that the company's claim that £1000 was deposited at the Alliance Bank showed the serious intention to be legally bound. The judgments of the court were as follows.
Read more about this topic: Carlill V Carbolic Smoke Ball Company
Famous quotes containing the word judgment:
“So often has my judgment deceived me in my life, that I always suspect it, right or wrong,—at least I am seldom hot upon cold subjects. For all this, I reverence truth as much as any body; and ... if a man will but take me by the hand, and go quietly and search for it ... I’ll go to the world’s end with him:MBut I hate disputes.”
—Laurence Sterne (1713–1768)
“Under your good correction, I have seen
When, after execution, judgment hath
Repented o’er his doom.”
—William Shakespeare (1564–1616)
“No more shall the war cry sever,
Or the winding rivers be red:
They banish our anger forever
When they laurel the graves of our dead!
Under the sod and the dew,
Waiting the Judgment Day:—
Love and tears for the Blue;
Tears and love for the Gray.”
—Francis Miles Finch (1827–1907)