... prescribed manner and still caught Influenza a remedy would be available to the in the sum of £100. To show their sincerity they deposited £1000 into a bank account. Mrs Carlill purchased one of the smoke balls, and after using it in the prescribed manner still caught Influenza. She then proceeded to claim her £100. The Carbolic Smoke Ball Co brought up a number of defences. One of which was that the advertisement was merely an invitation to treat. An invitation to treat can be described as an invitation for others to make an offer. The courts stated that the advert was not an invitation to treat. This was due to the fact that the defendants had deposited the £1000 in the bank, therefore creating intention to enter into legal relations. The defendants used the defence that an offer cannot be made to the world at large. The ...

See this essay or coursework document in full right now