Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd PDF

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Summary

Case Brief...

Description

CASE BRIEF Name of Case

Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd

Citation and Court

Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401 Court of Appeal in England

Material Facts

Boot Cash Chemists operated a self-service pharmacy, where the customer brought drugs to the checkout where a pharmacist handled the transaction. The Pharmaceutical Society claimed that this method of selling breached s 18 of the Pharmacy and Poisons Act 1933 (UK).

Legal Issue

Is the display of drugs an invitation to treat or an offer?

Relevant Law

s 18 of the Pharmacy and Poisons Act 1933 (UK)

Application of Law to the Facts

An offer is not thought to be created at the time of the customer chooses an item from the shelf. The customer bringing the item to the checkout is an offer to buy, to which the pharmacist may accept. If it were otherwise, then the customer, having chosen an item from the shelf, may not substitute or put it back without backing out of their offer. Therefore, the operation of Boots Cash Chemists is not in breach of s 18 of the Pharmacy and Poisons Act 1933 (UK) because the sale still takes place under the supervision of a registered pharmacist.

Conclusion

The display of drugs or items in a store is an invitation to treat....