An analysis of the case of Carlill vs. Carbolic Smoke Ball co 1893:


Introduction:

A contract is simply defined as a legally enforceable agreement between two or more parties with mutual obligations or in relation to a particular subject. In order for a legally binding contract to be in place there are certain elements that must be present. Hence at common law the elements include mutual assent (offer and acceptance) and consideration.

Essential elements of a valid contract:

An offer: it is an expression of willingness to contract on a specific set of terms, made by the offeror with the intention that, if the offer is accepted, he or she will be bound by a contract.

Acceptance: is usually defined as an expression of absolute and unconditional agreement to all the terms set out in the offer. For acceptance it can either be oral or put in writing. Thus the acceptance must exactly mirror always the original offer made.

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