澳洲拉哇大学论文代写：广告合同

澳洲拉哇大学论文代写：广告合同

在Carlill v Carbolic案中，被告已经为制药烟球插入广告。这个烟球产品通过广告提出索赔。该广告称，制药公司将支付100L的奖励给按规定使用碳烟球的任何人，并且还设法防止感冒或任何其他可能由感冒引起的疾病。他们在银行的存款进一步证明了这一说法[Carlill诉Carbolic Smoke Ball Company [1892] 2 QB 484]在这种情况下，有一个意图是为了实现这个提议。合同中一般规定具有约束力，必须提出要约，必须接受并接受通知。但单方面的合同不同，只有在履行合同的情况下，合同才能完成，可以说是有持续的报价。持续的要约并没有被撤销，提出要约的人的语言和交易的性质都是合法的。
在这里举行的是在这个单方面合同中可以证明的合同的考虑和其他因素。当一个人使用三次烟球的时候，情况的表现被确定了。尽管有人在广告中没有提到任何人的名字，并且接受邀请的人应该暗示了卡博利斯烟球公司，但是仍然认为被告 – 卡博利斯烟球公司必须履行他们的广告承诺。
ii。林德利LJ引用了威廉姆斯诉Carwardine 4 B. Ad。 621作为早期的先例，确定履行合同条件被认为是接受要约。

澳洲拉哇大学论文代写：广告合同

In Carlill v Carbolic, case the defendants has inserted an advertisement for a pharmaceutical smoke ball. This smoke ball product made a claim via an advertisement. The advertisement said that a reward of 100L will be paid by the Pharmaceutical Company to anyone who uses the Carbolic Smoke ball as prescribed and still manages to catch an epidemic cold or any other disease that may be caused by cold. The claim was further substantiated by a deposit they made in the bank.[ Carlill v. Carbolic Smoke Ball Company [1892] 2 QB 484] In this context there was an intention established as to fulfilling the offer. As a general rule in contract for it to be binding, an offer has to be made and it has to be accepted and the acceptance should also be notified. However as unilateral contracts are different in that the contract is complete only when performance is accepted, it can be said that there is a continuing offer. The continuing offer was not revoked and the language of the person making the offer and the nature of transaction were all quite legal.
The holding here was that there was consideration and other elements for the contract that could be proved in this unilateral contract. Performance of condition was established when the person used the smoke ball for three times a well. In spite of arguments that no person was named in the advertisement, and that the person accepting the offer should have intimated the Carbolic smoke ball company, it was still held that the defendant-the Carbolic Smoke Ball company must perform their promise as advertised.
ii.Lindley LJ cited the Williams v. Carwardine 4 B. Ad. 621 as an early precedent which established that performance of a contractual condition was deemed to be acceptance of an offer.