Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd.
Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd. (1953)
1. Facts:
Boots Cash Chemists operated a self-service store where customers could pick items from the shelves and then pay at the cashier.
The issue arose over the display of certain medicines, which under law could only be sold under the supervision of a registered pharmacist.
The Pharmaceutical Society argued that the sale was invalid because the contract was made at the shelf (where no pharmacist was present) and thus violated law.
2. Legal Issue:
Was the display of goods on shelves an offer or an invitation to treat (invitation to negotiate)?
At what point was the contract formed? Was it when the customer picked up the goods or at the cashier?
3. Judgment:
The court held that the display of goods on the shelves was an invitation to treat, not an offer.
The offer was made by the customer when they presented the goods at the cashier.
The acceptance occurred when the cashier (with a pharmacist present) approved the sale.
Therefore, the contract was formed at the cashier’s counter, where the pharmacist supervised.
The arrangement complied with the law, so Boots was not in violation.
4. Key Legal Principles:
Display of goods = Invitation to treat: Putting goods on shelves invites customers to make an offer to buy.
Customer’s action = Offer: When a customer brings goods to the cashier, they are making an offer.
Acceptance = Cashier’s approval: The contract is formed only when the cashier accepts the offer.
This principle clarifies the stage of contract formation in retail sales.
5. Significance:
The case is a leading authority on the concept of invitation to treat versus offer in contract law.
It highlights that contract formation happens at the point of acceptance, not at display.
This is especially important in retail, self-service stores, and online sales.
Also, it ensures legal compliance by confirming contract formation under the supervision of a pharmacist.
6. Summary:
| Aspect | Decision/Principle |
|---|---|
| Display of goods | Invitation to treat, not offer |
| Offer | Made by customer when presenting goods |
| Acceptance | Done by cashier/pharmacist approving sale |
| Contract formation point | At cashier, not at shelf |
| Legal compliance | Ensured by pharmacist’s supervision |
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