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DISCUSSION - Carlill v Carbolic Smoke Ball Co [1893]

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  • DISCUSSION - Carlill v Carbolic Smoke Ball Co [1893]

    Would you like me to say that you can take the car back and get a refund?
    Tags: None

  • #2
    Re: Faulty used car

    Well I am trying to just establish if I have any rights here and will be able to get a repair or refund,obviously if it will be withing my rights.
    That's why I stated that I wasn't made aware of it at the point of test driving, but only after once I returned to pay for the car and was given the invoice,which only then stated those phrases?

    Comment


    • #3
      Re: Faulty used car

      Originally posted by suzysue View Post
      The advert is an invitation to treat (negotiate).....
      Not necessarily.
      If the wording used in the advertisement is sufficiently clear it may constitute an offer.
      Carlill v Carbolic Smoke Ball Co [1893]
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Faulty used car

        Carlill v Carbolic Smoke Ball Co [1893]

        Constituted an offer due to the £100 placed in a bank account if anyone would catch the flu

        Comment


        • #5
          Re: Faulty used car

          Originally posted by suzysue View Post
          Carlill v Carbolic Smoke Ball Co [1893]

          Constituted an offer due to the £100 placed in a bank account if anyone would catch the flu
          Not so.
          Depositing the £100 was not necessary for the elements of the contract, it was just further demonstration of the sincerity of the offer.

          The deposit is called in aid by the advertiser as proof of his sincerity in the matter — that is, the sincerity of his promise to pay this 100l. in the event which he has specified.
          Lindley, LJ
          http://www.bailii.org/ew/cases/EWCA/Civ/1892/1.html
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Faulty used car

            Is that your opinion or fact?

            Comment


            • #7
              Re: Faulty used car

              Judgment

              See also: Litigation before the judgment in Carlill v Carbolic Smoke Ball Company
              The Carbolic Smoke Ball Company, represented by H. H. 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.

              https://en.wikipedia.org/wiki/Carlil...ll_Co#Judgment


              The argument is that the car was an invitation to treat/negotiate so why try and prove me wrong charity

              A FULLY BINDING CONTRACT

              You stated that it was a
              sincerity of the offer in post 28 above when the company actually tried to get out of the contract by stating it was a mere puff.
              Last edited by suzysue; 27th March 2017, 15:32:PM.

              Comment


              • #8
                Re: Faulty used car

                Originally posted by suzysue View Post
                Judgment

                See also: Litigation before the judgment in Carlill v Carbolic Smoke Ball Company
                The Carbolic Smoke Ball Company, represented by H. H. 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.

                https://en.wikipedia.org/wiki/Carlil...ll_Co#Judgment


                The argument is that the car was an invitation to treat/negotiate
                Without sight of the ad it is not possible to say whether it could be determined as an offer, or whether it is an invitation to treat.
                As previously stated, the exact wording is important.

                so why try and prove me wrong charity
                Not trying to prove anything; merely saying that not every so-called 'advert' is merely an invitation to treat.


                A FULLY BINDING CONTRACT

                You stated that it was a
                sincerity of the offer in post 28 above when the company actually tried to get out of the contract by stating it was a mere puff.
                They tried to use a number of legal arguments; all failed.
                ####
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: DISCUSSION - Carlill v Carbolic Smoke Ball Co [1893]

                  What do you want to discuss

                  Comment


                  • #10
                    Re: DISCUSSION - Carlill v Carbolic Smoke Ball Co [1893]

                    Moderating my advice now, who are you really?

                    Comment


                    • #11
                      Re: DISCUSSION - Carlill v Carbolic Smoke Ball Co [1893]

                      Originally posted by suzysue View Post
                      What do you want to discuss
                      Lol.......I didn't change the thread title.
                      I'd have probably said 'moot point'!
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: DISCUSSION - Carlill v Carbolic Smoke Ball Co [1893]

                        Originally posted by charitynjw View Post
                        Lol.......I didn't change the thread title.
                        I'd have probably said 'moot point'!
                        Well someone did to protect you lol

                        Comment


                        • #13
                          Re: Faulty used car

                          Originally posted by charitynjw View Post
                          ####
                          [MENTION=5553]charitynjw[/MENTION] I do requests btw. You wanted the exact advert? My pleasure

                          https://www.leeds.ac.uk/law/hamlyn/carlill.htm
                          "Family means that no one gets forgotten or left behind"
                          (quote from David Ogden Stiers)

                          Comment


                          • #14
                            Re: Faulty used car

                            Originally posted by leclerc View Post
                            @charitynjw I do requests btw. You wanted the exact advert? My pleasure

                            https://www.leeds.ac.uk/law/hamlyn/carlill.htm
                            Thanks, leclerc

                            Blimey, it cures a lot of stuff, doesn't it?
                            Mind you, I reckon it's a load of carbolic smokes, myself!
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: DISCUSSION - Carlill v Carbolic Smoke Ball Co [1893]

                              Originally posted by suzysue View Post
                              Moderating my advice now, who are you really?
                              Charity hasn't moderated you ... I have! If you have a problem with that then it is ME you have to talk to.

                              Originally posted by suzysue View Post
                              Well someone did to protect you lol
                              I'm not protecting anyone apart from any unsuspecting poster who takes this advice at face value. I moved these posts to their own thread (and changed the title accordingly) because they were not pertinent to the topic of the thread they were posted on!
                              again:
                              If you have a problem with that then it is ME you have to talk to.
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

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                              Comment

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