Case analysis is one of the most critical skills for students of law, business, and social sciences. It goes beyond summarizing what happened in a case; it involves understanding the underlying issues, evaluating the arguments, and assessing the court’s reasoning and its impact.
In this article, I’ll give you a step-by-step breakdown of how to write a high-quality case analysis, using the famous Carlill v Carbolic Smoke Ball Co. case as a practical example. This landmark case is a classic study in contract law, and it illustrates how a simple advertisement can have profound legal consequences.
Step 1: Understand the Purpose of a Case Analysis
Before writing, you need to know why you are doing a case analysis. A case analysis is not just a summary; it’s about dissecting a case to extract its legal principles, arguments, and broader lessons. You want to answer questions like:
- What problem was the court solving?
- How did the law apply?
- What lessons can future cases learn from this?
Step 2: Research and Fully Understand the Case
You cannot write a strong analysis without mastering the facts and legal details. Start by reading the case summary from a reliable source (e.g., law textbooks, case briefs, or official case reports).
Facts of Carlill v Carbolic Smoke Ball Co. (1893):
- What happened?
The Carbolic Smoke Ball Company advertised that it would pay £100 to anyone who used its product as directed and still contracted influenza. To show sincerity, they stated they had deposited £1,000 in a bank. Mrs. Carlill used the smoke ball as instructed, got sick, and demanded £100. The company refused, claiming the ad was just a sales gimmick. - Legal Conflict:
Mrs. Carlill argued the ad was a binding offer that she accepted by performing the conditions. The company argued there was no binding contract because:- It was just an invitation to treat (not a serious offer).
- No one had communicated acceptance to them.
- Outcome:
The court ruled in favor of Mrs. Carlill, stating that the company had made a serious unilateral offer to anyone who performed the conditions. By using the product and catching the flu, she accepted the offer and was entitled to £100.
Tip: Always make sure you know:
- The facts (who, what, when, where, why).
- The parties involved (plaintiff vs. defendant).
- The legal principles that were at stake.
Step 3: Start with a Strong Introduction
Your introduction must grab attention and give context. Think of it as the “hook” for your analysis.
What to include in the introduction:
- Case name and year — Carlill v Carbolic Smoke Ball Co. (1893).
- The main legal issue — whether an advertisement can form a legally binding contract.
- Why it matters — this case laid down important principles of contract law.
Example:
The case of Carlill v Carbolic Smoke Ball Co. (1893) is a landmark decision that shaped modern contract law. At its heart was a question of whether a bold advertisement offering £100 to anyone who contracted influenza after using the Carbolic Smoke Ball could be legally binding. The court’s ruling not only upheld consumer rights but also clarified the principles of unilateral contracts, offer, and acceptance.
Step 4: Identify the Legal Issues (The Questions at Stake)
Every good case analysis pinpoints the legal questions the court had to answer.
For Carlill, the main issues were:
- Was the advertisement a serious legal offer or just a sales puff?
- Was there acceptance of the offer by Mrs. Carlill?
- Was there valid consideration? (Did Mrs. Carlill give something in return for the company’s promise?)
- Was the contract legally enforceable?
Tip: Always write issues in a question format to make them stand out.
Step 5: Present the Court’s Decision (The Holding)
The holding is the court’s final decision, the direct answer to the issues.
Holding in Carlill:
- The advertisement was a unilateral offer, not a mere sales puff.
- Acceptance occurred when Mrs. Carlill used the smoke ball as instructed.
- There was consideration because she went through inconvenience and relied on the ad.
- A binding contract existed, and the company had to pay the £100.
Step 6: Analyze the Court’s Reasoning (The “Why”)
This is where your analysis comes to life. The court’s reasoning is often more important than the decision itself.
The court reasoned:
- The company demonstrated serious intent by depositing £1,000 to pay claims.
- Unilateral offers can be made to the public — anyone who performs the conditions accepts the offer.
- Communication of acceptance wasn’t necessary — using the product was sufficient.
- Mrs. Carlill’s reliance on the ad was a form of detriment (consideration), which created a valid contract.
How to write it in your analysis:
Explain the arguments of both sides (company vs. Mrs. Carlill), then show why the court sided with her. Use examples or modern parallels (like online sweepstakes or cashback offers) to make your analysis more engaging.
Step 7: Discuss the Case’s Significance
Why is this case still relevant today? This is where you connect the case to bigger legal principles.
Significance of Carlill:
- It set the precedent that advertisements can form binding contracts when they are specific and show intent.
- It established the concept of unilateral contracts, where one party promises something in exchange for the other party performing a specific act.
- It strengthened consumer rights by holding businesses accountable for the promises they make.
Step 8: Add Your Own Critical Analysis
Your personal perspective makes the analysis stand out.
Questions to ask yourself:
- Do you think the court’s decision was fair?
- Could the company’s argument have been stronger?
- How might this case apply in the age of online advertising or social media campaigns?
Example Critical Analysis:
The ruling in Carlill v Carbolic Smoke Ball Co. was fair and forward-thinking. It prevented companies from making empty promises to lure customers, a principle still highly relevant in today’s digital marketing landscape. Modern consumer protection laws, such as those against false advertising, echo the spirit of this case.
Step 9: Conclude with Key Takeaways
Your conclusion should briefly summarize the case and highlight its lessons.
Example Conclusion:
Carlill v Carbolic Smoke Ball Co. remains one of the most influential cases in contract law. It taught us that a simple advertisement, when backed by genuine intent, can become a legally binding offer. For students and legal professionals, it serves as a foundational example of how courts interpret offers, acceptance, and consideration.
Step 10: Use a Clear Structure
When you’re writing your analysis, follow a structure like this:
- Introduction
- Case Facts
- Legal Issues
- Court’s Decision
- Reasoning
- Significance
- Critical Analysis
- Conclusion
This makes your analysis clear, logical, and easy to follow.