In the Classic Case of Carlill V

question 6

Multiple Choice

In the classic case of Carlill v. Carbolic Smoke Ball Company, the defendants manufactured a product they claimed would protect against influenza. The company advertised that it would pay a specific sum of money to anyone who contracted influenza while using their product and put money on deposit to demonstrate their sincerity. When Mrs. Carlill claimed the money, the company argued that these statements were not intended to be taken seriously. What did the Court decide?

• A) There was intention because a reasonable person would have thought that the advertisement was serious.
• B) There was intention because Mrs. Carlill took the advertisement seriously.
• C) There was no intention because the claims made by the company were not put into a standard form agreement.
• D) There was no intention because the company did not intend for the statements to be taken seriously.
• E) Intention is irrelevant to whether or not a contract is valid.

---

Definitions:

Specialty Products

High-value or unique items that consumers purchase after extensive searching and comparison, often including luxury goods or niche market items.

Burial Services

Professional services offered by funeral homes and cemeteries that include preparing the deceased for burial and conducting the burial ceremony.

Convenience Products

Items that are widely available and easy to purchase, typically requiring minimal effort by the consumer to obtain them.

Business Products

Business products are goods or services sold by one business to another for resale, use in production, or general business operations.