Management - Pharmaceutical company - Carlill v Carbolic Smoke Ball Co. Ltd`s Case Study

Assessment Task:

Students are presented with an opportunity to investigate the operation of a minimum of three Australian corporations. Their task is to review, evaluate and compare the structures of their chosen companies, at least one of which must be registered on the Australian Securities Exchange. Students analyse features of the companies inclusive of membership, management structure, concluding with a coherent legal assessment of the chosen companies. Students may also be required to analyse media articles relating to the companies. In the below-mentioned case, we are dealing with a Pharmaceutical company. You may select at least one company, which is a pharmaceutical company. After completing task 1, please complete Task 2 dealing with a Pharmaceutical Company. 

Carlill v Carbolic Smoke Ball Co. Ltd [1892] 2 QB 484, a case decided more than 100 years ago is considered as a landmark, establishing itself as a precedent regarding the importance of offering, concepts of Contract Law in Australia and the nature of a legally binding agreement, under the law of contract.  How is the case of Carlill v Carbolic Smoke Ball Co. Ltd [1892] 2 QB 484 relevant to the important concepts of Contract Law in Australia in a legally binding agreement? Is there any other alternative remedy or relief that could be provided to Carlill in the Twenty-First Century? If so, explain in detail and support your answer with relevant precedents.
What is the significance of Carlill v Carbolic Smoke Ball Co. Ltd [1892] 2 QB 484 in Australian courts? Explain the nature of offer, acceptance and consideration in a contract in the light of Carlill v Carbolic Smoke Ball Co. Ltd [1892] 2 QB 484? Discuss in detail with relevant case examples. Also, analyse Carlill v Carbolic Smoke Ball Co. Ltd [1892] 2 QB 484 critically and provide your views.

Your answer should include detailed explanation of the principles laid down in Carlill v Carbolic Smoke Ball Co. Ltd [1892] 2 QB 484 – its rationale, its effect, the circumstances in which it currently applies and comparison or contrast of the rules laid down in Carlill v Carbolic Smoke Ball Co. Ltd [1892] 2 QB 484 and the rule/s used for determining the attributes of agreement in a contract in the twenty-first century.  Your answer should also discuss the arguments for and against the existence of offer as part of Australian Contract Law. 

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