Carlill v Carbolic Smoke Ball Co The Pharmaceutical Society of Great Britain had been fighting an ongoing battle against quack remedies, and had wanted specifically to get carbolic acid on the poisons register since 1882. Although without sympathy for the Carbolic Smoke Ball Company itself, Simpson casts doubt on whether "Carlill" was rightly decided. "The analytical problems arose in a particularly acute form in the smoke ball case. Thus it seemed very peculiar to say that there had been any sort of agreement between Mrs. Carlill and the company, which did not even know of her existence until January 20, when her husband wrote to them
Litigation before the judgment in Carlill v Carbolic Smoke Ball Co smokeball in the advert. That a contract should be completed by a private act is against the language of Lord Blackburn in "Brogden v. Metropolitan Ry. Co.". The use of the ball at home stands on the same level as the writing a letter which is kept in the writer's drawer. There was no service done for the company. On the issue of time limits, the fact that it is difficult to decide should show, submitted Finlay QC, that the fair result is no contract at all. Litigation before the judgment in Carlill v Carbolic Smoke Ball Co The Litigation