Pharmaceutical Society Of Great Britain
Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401 Court of Appeal
Boots introduced the then new self service system into their shops whereby customers would pick up goods from the shelf put them in their basket and then take them to the cash till to pay. The Pharmaceutical Society of Great Britain brought an action to determine the legality of the system with regard to the sale of pharmaceutical products which were required by law to be sold in the presence of a pharmacist. The court thus needed to determine where the contract came into existence.
Held:
Goods on the shelf constitute an invitation to treat not an offer. A customer takes the goods to the till and makes an offer to purchase. The shop assistant then chooses whether to accept the offer. The contract is therefore concluded at the till in the presence of a pharmacist.
Facts
Boots operated a self-service store which included a pharmacy department. Customers would select items from the shelves and take them to a cashier's desk at one of the exits where they were paid for. When a drug was involved, a pharmacist supervised the sale. The Pharmaceutical Society alleged that Boots infringed the Pharmacy and Poisons Act 1933 requiring the sale of certain drugs to be supervised by a registered pharmacist. The claim failed at first instance and the Society appealed.
Held (Somervell LJ)
The Society had argued that a drug sale was completed when the customer took an item from the self and put it in their cart/basket. The result of such analysis would be that that when the customer came to the sales desk the pharmacist would not be able to say that the drug could not be sold to that customer. After assessing the legal implications of such an analysis Somervell LJ noted that in relation to
"an ordinary shop, although goods are displayed and it is intended that customers should go and choose what they want, the contract is not completed until, the customer having indicated the
Boots introduced the then new self service system into their shops whereby customers would pick up goods from the shelf put them in their basket and then take them to the cash till to pay. The Pharmaceutical Society of Great Britain brought an action to determine the legality of the system with regard to the sale of pharmaceutical products which were required by law to be sold in the presence of a pharmacist. The court thus needed to determine where the contract came into existence.
Held:
Goods on the shelf constitute an invitation to treat not an offer. A customer takes the goods to the till and makes an offer to purchase. The shop assistant then chooses whether to accept the offer. The contract is therefore concluded at the till in the presence of a pharmacist.
Facts
Boots operated a self-service store which included a pharmacy department. Customers would select items from the shelves and take them to a cashier's desk at one of the exits where they were paid for. When a drug was involved, a pharmacist supervised the sale. The Pharmaceutical Society alleged that Boots infringed the Pharmacy and Poisons Act 1933 requiring the sale of certain drugs to be supervised by a registered pharmacist. The claim failed at first instance and the Society appealed.
Held (Somervell LJ)
The Society had argued that a drug sale was completed when the customer took an item from the self and put it in their cart/basket. The result of such analysis would be that that when the customer came to the sales desk the pharmacist would not be able to say that the drug could not be sold to that customer. After assessing the legal implications of such an analysis Somervell LJ noted that in relation to
"an ordinary shop, although goods are displayed and it is intended that customers should go and choose what they want, the contract is not completed until, the customer having indicated the
References: Pharmaceutical Society of Great Britain -v- Boots Cash Chemists (Southern) Ltd, QBD, Appeal from, ([1952] 2 All ER 456, [1952] 2 QB 795, Bailii, [1953] EWCA Civ 6) Pharmaceutical Society of Great Britain v Boots Cash Chemists (1953) 1 QB 401 1. 1. Whether the sales made were effected by or under the supervision of a registered pharmacist, in accordance with the provisions of s18(1)(a)(iii) of the Pharmacy and Poisons Act, 1933. Relevant Law: Pharmacy and Poisons Act, 1933