It seems to me that from the point of view of common sense no other idea could be entertained. If I advertise to the world that my dog is lost, and that anybody who brings the dog to a particular place will be paid some money, are all the police or other persons whose business it is to find lost dogs to be expected to sit down and write me a note saying that they have accepted my proposal?
But I think also that the defendants received a benefit from this user, for the use of the smoke ball was contemplated by the defendants as being indirectly a benefit to them, because the use of the smoke balls would promote their sale.
If I say to a person, "If you use such and such a medicine for a week I will give you 5l.," and he uses it, there is ample consideration for the promise.
How can it be said that such a statement as that embodied only a mere expression of confidence in the wares which the defendants had to sell?
It was then said there was no person named in the advertisement with whom any contract was made.
I've hand-picked the main points of interest which were especially riveting for me.
I tend to agree with the Justice, in that because there was no name on the advertisement, (or contact number for that regard), that the company was never actually going to give into the reward, as it was more or less a voluntary act and there was no way of contacting the company in which to tell them that the virus was contracted within the certain time-frame.
I also agree with the promoting sales bias. Because many of the people were in it for the incentive, then the sales of the smoke balls would have been much greater, and more lucrative to the company, but ultimately not benefiting the individual as these have vast effects on their health and ultimately, their future well-being (given it has long-term effects).
And also in accepting the proposal brings up a crucial issue. Nobody knows how many people may have taken up the offer (because it was to advertise a product, not to look for a lost item/thing to which only one person may feel victorious). Many people may have suffered the effects of influenza, and subsequently, may feel that during this period of time, they feel equally deserving of the money incentive as the next person. As there was no contact number with which to reach the company, I assume it had only made matters worse for the people participating.
All in all a very interesting case.
me happy and vce01 law students 09 represent!
Yay, we will so rock law in '09.
EDIT: Oh, I hope we get to write really long essays; I just got into the mood. XD
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