SPECIFIC AND GENERAL OFFERS
When the offer is made to a specific or an ascertained person, it is known as a specific offer,but when the same is not made to any particular person but to the public at large, it is known as general offer.
EXAMPLE
An offer to give reward to anybody who finds a lost dog, is a general offer. This general offer will be deemed to be accepted by anyone who actually finds the lost dog. The person, who accepts this offer, generally by performing the condition of the proposal, can bindthe person making the offer.
SEC. 8
"Performance of the conditions of a proposal........ is an acceptance of the proposal."Thus, although a general offer is made to the public at large, the contract is concluded only with thatperson who acts upon the terms of the offer, viz who accepts the offer.
CARLILL V. CARBOLLIC SMOKE BALL CO.21
The case of is an illustration of a contract arising out of a general offer.The facts of the case are:-
1. The defendants advertised their product "Carbolic Smoke Ball", a preventive remedy against influenza.
2. In the advertisement they offered to pay a sum of £ 100 as reward to any one who contacted influenza, cold or any disease caused by taking cold, after having used the Smoke Ball three times a day for two weeks, in accordance with the printed directions. They also announced that a sum of £ 100 had been deposited with the Alliance Bank to show their sincerity in the matter.
3. The plaintiff (Mrs. Carlill) relying on the advertisement purchased a Smoke Ball from a chemist, used the same in accordance with the directions of the defendants, but still caught influenza.
4. She sued the defendants to claim the reward of £ 100 advertised by them.It was held that this being a general offer addressed to all the world had ripened into a contract with theplaintiff by her act of performance of the required conditions and thus accepting the offer. She was, therefore, entitled to claim the reward. It has been noted above that performance of the conditions of the offer amounts to the acceptance ofthe offer.It may be further noted here that unless the person performing those conditions has got the knowledge of the offer, there is no question of his act amounting to acceptance.
LALMAN SHUKLA V. GAURI DUTT,
1. the defendant's nephew having been lost, he sent the plaintiff, his servant, to search for the nephew.
2. After the plaintiff had gone, the defendant, through handbills, advertised that a reward of Rs. 501 would be paid to anyone who would find the lost boy.
3. The plaintiff, who was ignorant of this offer, was successful in finding out the boy.
4. After finding the boy, the plaintiff came to know of the reward and he sued the defendant to claim the same.
It was held that since the plaintiff was ignorant of the, offer, his finding out the boy did not amount to the acceptance of the offer and. Therefore, he was not entitled to claim the reward.
HAR BHAJANLAL V. HAREHARAN LAL. A.I.R. 1925 All. 539
On the other hand, if the plaintiff knows that the defendant has announced a reward of Rs. 500 to be paid to anyone who finds the defendant's son, the plaintiff can claim this amount when he is successful in finding the defendant's son.
WILLIAMS V. CARWARDINE. (1833) 4 B. &. Ad. 621 )
Similarly, if the plaintiff knows that a reward has been announced to be given to anybody giving information leading to the conviction of an assailant for murder, she would be entitled to the reward on supplying the necessary information
CASES
1. Carlill v. Carbollic Smoke Ball CO.
2. Lalman Shukla v. Gauri Dutt,
3. Har Bhajanlal v. Hareharan Lal.
4. Williams v. Carwardine
