This photo shows an advertisement published in British newspapers  in the late 19th Century.

The case of the ‘Carbolic Smoke Ball’ resulted from a pandemic (the 1889-1890 flu pandemic) and is mandatory reading for law students across common law countries.

The case involved a “smoke ball”, which according to its manufacturers cured influenza and other diseases.

The manufacturers advertised that buyers who used it but found that it didn’t work would be awarded £100 (a sizeable sum at the time).

Mrs. Carlill saw the advertisement, bought one of the balls and used it three times every day for two months. Unfortunately she contracted the flu and claimed £100 from the Carbolic Smoke Ball Company.

The case made its way to the UK’s Court of Appeal, which established the concept of a ‘binding unilateral offer’ in contract law. The court found that an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms.

COVID – 19: Legal History in the making ?

It would be interesting to see if any notable cases will reach the court system as a result of the COVID-19 pandemic and whether there will be any major legal breakthroughs.