Two Intriguing and Unforeseen Cases

Miller vs. Jackson and Carlill vs. Carbolic Smoke Ball Co.

Sarah Cummins
Criminal Law Talk
2 min readJun 27, 2024

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A woman with a mask
Image generated — Author

In the domains of contract law and regulations, which pertain to businesses or overbearing neighbors, more intriguing and unforeseen problems may arise.

The most out-of-the-ordinary cases need more investigation since they presented challenges that had never been considered before and the judicial system was unprepared to handle them.

Consider Miller v. Jackson as an example.

From what I can see, this case isn’t all that intriguing. As soon as they set foot in their new home, the Millers began griping about the insects and balls that would get trapped in the yard from time to time. If they wanted to stop cricket on the property, going to court was their best bet. No one paid attention to their cries for help.

Because of their importance, the majority of law students have memorized the key paragraphs of the ruling. As summer draws near, cricket matches are something that the public eagerly anticipates.

Young guys play cricket at most town fields while older men watch from the pavilion. For the last seventy years, they have called Lintz, in Durham County, their home.

Lord Denning can’t help but wonder whether the crickets were a bother to the cattle who grazed there before to the erection of the homes, even if they held it in high regard.

According to the case’s Wikipedia page, “Not long after the case, the Millers moved house,” which seems like a reasonable conclusion.

The second case that illustrates this is Carlill v. Carbolic Smoke Ball Co.

The relevance of the idea of a contract to this specific situation will be addressed later on. In 1891, when a global epidemic killed almost one million people, carbolic smoke balls were promoted as a cure for influenza.

The carbolic acid may flow freely into your nose when a rubber ball was inserted through a tube. The maker of Carbolic Smoke Balls was so sure that their product would keep you well that they offered a hundred pounds to anyone who used them often when sick with the flu.

Even if it’s only worth £11,500 now, that sum was substantial in 1981.

Mrs. Carlill’s illness persisted even after she started using the Carbolic Smoke Ball.

“The Carbolic Smoke Ball Company will pay a hundred pounds to anyone who gets the rising epidemic of influenza or any illness caused by taking colds after using the ball three times a day for two weeks,” the ads read, and “a thousand pounds is deposited with the Alliance Bank, Regent Street.”

The fact that they turned down Mrs. Carlill’s financial offer is obvious. The court supported their agreement with Mrs. Carlill, and they were notified that they were had to return the funds.

Thanks for reading.🙂

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Sarah Cummins
Criminal Law Talk

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