The Smoke Ball Case: How One Woman Changed Consumer Law
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In 1928, Carlill bought smoke balls. They promised to
prevent the flu. The company promised 100 pounds to users who still got sick.
Carlill used it, got the flu, then demanded her promised money. The company refused,
calling it an ad, not a promise. Here's the wild part:
The court ruled ads can be binding contracts. They even deposited money,
proving their serious intent. This case founded today's refund guarantees, money-back promises,
and warranties. Companies are legally bound by guarantees, thanks to Mrs. Carlill's smoke balls.
One woman with the flu accidentally created consumer protection law. Sometimes the smallest
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