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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 14, 20242024-05-14T11:29:05+05:30 2024-05-14T11:29:05+05:30In: Co-operation, Co-operative Law and Business Laws

Discuss what constitute lawful Consideration and lawful objects under the Indian Contract Act, 1872 along with the case law: Carlill vs. carbolic Smoke Ball Company.

Using the Carlill v. Carbolic Smoke Ball Company case law as a guide, discuss what the Indian Contract Act, 1872 defines as lawful consideration and lawful objects.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-14T11:29:26+05:30Added an answer on May 14, 2024 at 11:29 am

      Under the Indian Contract Act, 1872, a valid contract must have lawful consideration and lawful objects. Let's delve into what constitutes lawful consideration and lawful objects, along with a discussion on the case law of Carlill v. Carbolic Smoke Ball Company:

      1. Lawful Consideration:
        Lawful consideration refers to something of value exchanged between parties to a contract. It can be a promise to do something (act) or refrain from doing something (forbearance) in exchange for a promise from the other party. For consideration to be lawful, it must not be illegal, immoral, fraudulent, or opposed to public policy. Additionally, consideration must be real, tangible, and have some value in the eyes of the law.

      2. Lawful Objects:
        Lawful objects refer to the purpose or goal for which the contract is made. To be valid, the object of a contract must be lawful, meaning it must not be illegal, immoral, or against public policy. Contracts with unlawful objects are void ab initio, meaning they are void from the beginning and cannot be enforced by law. Additionally, the object of a contract must not involve any fraudulent activities or activities that are likely to cause harm to the parties or society.

      Now, let's discuss the case law of Carlill v. Carbolic Smoke Ball Company:

      In the famous case of Carlill v. Carbolic Smoke Ball Company, the Carbolic Smoke Ball Company advertised their product, the "Carbolic Smoke Ball," as a remedy for preventing influenza and other diseases. The company's advertisement stated that they would pay a reward of £100 to anyone who contracted influenza after using the smoke ball according to the provided instructions.

      Mrs. Carlill, a consumer, purchased and used the Carbolic Smoke Ball as instructed but still contracted influenza. She then sued the company for the promised reward of £100. The company argued that the advertisement was merely a puff or sales talk and did not create a legally binding contract.

      The court, however, ruled in favor of Mrs. Carlill. It held that the advertisement constituted a unilateral offer, and Mrs. Carlill had accepted the offer by performing the conditions specified in the advertisement. The court emphasized that the advertisement contained a clear and definite promise to pay a reward to anyone who fulfilled the specified conditions, and Mrs. Carlill had performed those conditions.

      The case of Carlill v. Carbolic Smoke Ball Company is significant as it established the principle that unilateral offers made to the public can create binding contracts when accepted through performance of the specified conditions. This case also illustrates the importance of clear and unambiguous language in advertisements and offers, as well as the concept of consideration in contract law.

      In summary, lawful consideration and lawful objects are essential elements of a valid contract under the Indian Contract Act, 1872. They ensure that contracts are based on legitimate, enforceable obligations and serve the interests of justice and public policy. The case of Carlill v. Carbolic Smoke Ball Company remains a landmark case in contract law, illustrating the principles of offer, acceptance, and consideration in the formation of contracts.

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