Carlill v Carbolic Smoke Ball Co your clothes whiter than white!"). Secondly, although it was not discussed in the case, there was evidence at the time that using the smoke ball actually made people more vulnerable to the flu (carbolic acid was put on the poisons register in 1900). The General Product Safety Regulations which are part of a European Union wide consumer protection regime (Directive 2001/95/EC) again provide criminal penalties for unsafe products. Thirdly, the Consumer Protection Act 1987 (which is also part of EU wide regulation under Directive 85/374/EEC) creates a statutory tort of strict liability for defective products that cause any kind of
Carlill v Carbolic Smoke Ball Co concept of acceptance to cover the facts. And, since 1893, law students have been introduced to the mysteries of the unilateral contract through the vehicle of "Carlill v Carbolic Smoke Ball Co." and taught to repeat, as a sort of magical incantation of contract law, that in the case of unilateral contracts performance of the act specified in the offer constitutes acceptance, and need not be communicated to the offeror." In a much more recent American case from the Southern District of New York, "Leonard v Pepsico, Inc", Judge Kimba Wood wrote, "Long a staple of law school curricula, "Carbolic