Topic > Rule of Law Case Study - 719

Leila made an announcement to search for the lost gold chain and locket and would reward $50 to the person who managed to return it. By advertising in an advertisement, an offer is made to the world at large whereby anyone can accept the offer. This could be seen in the case of Carlill v Carbolic Smoke Ball Co (1893). The court recognizes that the advertisement amounted to making an offer to anyone who purchased and used the smoke ball. Mrs. Carlill thus accepted the offer. So in this case, Leila actually made an offer. Rule of Law - Acceptance by waiver of communication Acceptance is expressed orally, written or implied in conduct. It must be positive and match the offer through communication. However, there are exceptions where acceptance need not be communicated to or received by the offeror. The waiver of notice in Carlill v Carbolic Smoke Ball Co (1893) illustrates the point. The offer was made to the world at large and if anyone acts upon the information provided to purchase and use the smoke ball properly, that person is deemed to accept the offer. For Leila's announcement it was neither implied nor stated that one must first call to be rewarded and therefore no acceptance method is specified. Julie then accepted Leila's offer and returned the lost item with the “communication waiver” rule”..