Cases at glance，ACCA F4 案例部分总结.doc

Ratio Decidendi Case Facts Held An advertisement with element of reward is a public offer. Carlill v Carbolic Smoke Ball Co [1893] An advert placed for smoke balls to prevent influenza. offered to pay ￡100 if anyone contracted influenza after using the ball. Deposited ￡1,000 with the Alliance Bank to show their sincerity in the matter. The plaintiff bought one of the balls but contracted influenza she was entitled to recover as (a) The deposit of money showed an intention to be bound, therefore the advert was an offer; (b) It was possible to make an offer to the world at large, which is accepted by anyone who buys a smoke-ball; (c) The offer of protection would cover the period of use; and (d) The buying and using of the smoke-ball amounted to acceptance. Acceptance of offer has to be communicated. R v Clarke [1927] The Government offered a reward for information leading to the arrest of certain murderers and a pardon to an accomplice who gave the information. Clarke saw the proclamation. He gave information which led to the conviction of the murderers. He admitted that his only object in doing so was to clear himself of a charge of murder and that he had no intention of claiming the reward at that time. He sued the Crown for the reward The court dismissed the case. There cannot be assent without knowledge of the offer; and ignorance of the offer is the same thing whether it is due to never hearing of it or forgetting it after hearing. Revocation has to be communicated. Byrne V Leon Van [1880] An offer made on 1st October (In Cardiff). Claimant (in New York) received it on 11th send acceptance at once. In the main time the defendant change his mind and sent a letter of revocation on 8th Oct. Revocation letter reached on 15th Oct. The revocation was not complete until it had been communicated to the offeree. This was on 15th October. In the main time, however the offer had been accepted. As a result the revocation was ineffective the contrac