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:
“It may be you fear more to deliver judgment upon me than I fear judgment.”
—Giordano Bruno (1548–1600)
“Whoever, therefore, eats the bread or drinks the cup of the Lord in an unworthy manner will be answerable for the body and blood of the Lord. Examine yourselves, and only then eat of the bread and drink of the cup. For all who eat and drink without discerning the body, eat and drink judgment against themselves.”
—Bible: New Testament, 1 Corinthians 11:27-29.
“We watched her jug a hare, once, on television, years ago.... The hare had been half rotted, then cremated, then consumed. If there is a god and she is of the rabbit family, then Saskia will be in deep doo- doo on Judgment Day.”
—Angela Carter (1940–1992)