It a promise[G3] .[2]Looking at Jeanine ‘s case she

It is important to identify whether Jeanine’s advertisement can be taken as an invitation to treat or an offer in order to establish her legal obligations under contract law. G1 G2 In  Carlill v Carbolic Smoke ball Company 18931 the Carbolic Company advertised their smoke ball guaranteeing that any user who used it accordingly would not catch the influenza epidemic, and in any case that they did, they would be paid £100 which they had deposited in a bank to show sincerity.The claimant relied on this claim and bought the smoke ball but caught influenza and she went to make a claim. The claimant succeeded in her claim and  judge Lindley LJ in making the judgment considered whether there was an offer and if it was accepted, or whether there was consideration or a mere sales puff. The court concluded that the advertisement was an offer of a unilateral contract which had been accepted by the claimant because the defendant had deposited money in the bank showing that it was a very important factor, in other words, a promiseG3 .2Looking at Jeanine ‘s case she is certainly obligated under contract law judging from the court’s approach in G4 Calill and I will explore each case individually.G5 G6 




In the issue of the client who bought Jeanine’s cheese believing it was “the smelliest of them all” only to find out there was a smellier one, it would be up to the court to decide whether Jeanine’s advertisement as the smelliest cheese of them all is a misrepresentation or not. A misrepresentation is a false statement of fact or law which induces the other party to a contract 3. 4Misrepresentation may allow the representee to escape the contract by way of rescinding the contract and recover damages in tort under the Misrepresentation act 19675. There are three types of misrepresentation which are as follows, an innocent misrepresentation is when someone has reasonable grounds to believe their statement is true, secondly a negligent misrepresentation is a careless representation with no reasonable basis, and finally, a fraudulent misrepresentation is when someone makes a representation to deceive someone6. The effect of a finding of misrepresentation is rescission or damages. In order for an actionable misrepresentation, there must beG7  proof that it is a false statement of fact or law.  Therefore, it cannot be an opinion or estimate of future events as  demonstrated in Bisset v Wilkinson 19277 where the privy council held that the statement was only a statement of opinion and not a statement of fact. However, in Smith v House Property Corporation 1884 8a statement of opinion may contain an actionable statement of fact. In contrast Esso v Marden 19769  the court held that there was no misrepresentation, the statement was a negligent misstatement and was an estimate of future sells as Esso had specialist knowledge in this case unlike in Jeanine’s case. Even though a statement of opinion can amount to an actionable misrepresentation where the representor was in a position to know the facts. In Jeanine’s case, iG8 t is not clear though the business has been operating for 40

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1 Calill v Carbolic Smokeball Company 1893 


2 Andrew Burrows, A Casebook on Contract (Fourthedn, Hart, Oregon) 11


3 John N Adams and Roger Brownsword, Understanding Contract Law (fifthedn, Sweet and Maxwell, London) 159


4 Andrew Burrows, A Casebook on Contract (Fourth edn, Hart, Oregon) 573


5  Andrew Burrows, A Casebook on Contract (Fourth edn, Hart, Oregon) 573


6 John N Adams and Roger Brownsword, Understanding Contract Law (fifthedn, Sweet and Maxwell, London) 159



7 Bisset v Wilkinson 1927 AC 177


8 Smith v House Land Property Corporation 1884 


9 Esso v Mardon 1976 (


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