PHARMACEUTICAL SOCIETY OF GREAT BRITAIN V. BOOTS CASH CHEMISTS (SOUTHERN) LTD.
(1952) 2 ALL ER REP. 456
FACTS
- Boots Cash Chemists operated a self-service store where customers could pick up items from the shelves and bring them to the checkout counter to pay.
- Among the items sold were certain drugs and medicines that, under the Pharmacy and Poisons Act 1933, could only be sold under the supervision of a registered pharmacist.
- The Pharmaceutical Society of Great Britain argued that the display of these drugs on the shelves constituted an offer to sell, and therefore, the sale was completed when the customer picked up the item.
- They contended that this process violated the law because the sale was not supervised by a pharmacist at the point of selection.
ISSUES
The main issue was whether the display of goods in a self-service store constitutes an "offer" that is accepted when a customer picks up an item, or whether it is merely an "invitation to treat," with the offer being made by the customer at the checkout.
CONTENTIONS
Plaintiff (Pharmaceutical Society of Great Britain)
Argued that the display of drugs on the shelves amounted to an offer, and once a customer selected an item, the sale was complete. Since the selection was not supervised by a pharmacist, this violated the Pharmacy and Poisons Act 1933.
Defendant (Boots Cash Chemists)
Contended that the display of goods was not an offer but an invitation to treat. The customer made the offer to buy at the checkout, and the sale was not complete until the pharmacist at the counter accepted this offer, ensuring compliance with the law.
LEGAL PRINCIPLES INVOLVED
The case primarily involves the following principles of contract law:
- Invitation to Treat: A display of goods in a shop is typically considered an invitation to treat, meaning it is an invitation for customers to make an offer to buy.
- Offer and Acceptance: For a contract to be formed, there must be a clear offer by one party and acceptance by the other. The case explored when this process occurs in a retail environment.
ANALYSIS
- The court analyzed whether the act of placing goods on a shelf constituted an offer to sell or merely an invitation to treat.
- It considered the implications of deeming a display as an offer, particularly in the context of self-service stores where customers select items independently.
JUDGMENT
- The Court of Appeal ruled in favor of Boots Cash Chemists, holding that the display of goods on the shelves was an invitation to treat, not an offer.
- The court determined that the customer makes an offer to buy the goods when they bring them to the cashier, and the pharmacist’s supervision at the point of sale ensures that the transaction complies with legal requirements.
- Therefore, there was no violation of the Pharmacy and Poisons Act 1933.
COMMENTARY
Pharmaceutical Society of Great Britain v. Boots Cash Chemists is a foundational case in the law of contract that clarifies the distinction between an offer and an invitation to treat, particularly in the context of retail transactions.
- The decision supports the widespread commercial practice in self-service stores where goods displayed on shelves are not considered offers but invitations to customers to make an offer at the checkout.
- The case has been influential in shaping the legal understanding of how contracts are formed in retail settings and has affirmed that the point of sale, rather than the point of selection, is where legal supervision and acceptance occur.