PHARMACEUTICAL SOCIETY OF GREAT BRITAIN V BOOTS CASH CHEMISTS (1953)

INTRODUCTION

The two-person joe mama and ma balls go to the boots chemists shop on April 13, 1951, to purchase PERCCC 30s from the pharmacy shelf.

The boots cash chemists introduce the new method for selling medicine. He introduced the self-service system. What kind of medicine do you want to go and pick up from the shelf and pay the cash at the cash counter.

FACTS OF THE CASE

So, in that case, the person who will buy a medicine PERCCC 30s counter is near the poisons section, and the owner does not give any partitions between the department of medicine and poisons medicine.

Hence the Pharmaceutical society of great Britain object to this self-service method of boots chemist and claims that SECTION18(1) of THE PHARMACY  AND POISONS ACT 1933 compulsory the presence of the pharmacist during the sale of product listed under the active schedule of poisons.

ISSUES

* whether the purchase from the self-serving store is an acceptance of offers.

* whether the boots chemist is liable for selling poisons medicine without a pharmacist.

* whether the customer is bound to purchase once they place a product in the basket.

ARGUMENTS PRESENTED BY THE PLAINTIFF

according to the pharmaceutical society of Great Britain, the boot chemist sold the poisons medicine without the presence of a pharmacist and violated the terms of the pharmacy and poisons act 1993.

ARGUMENTS PRESENTED BY  RESPONDENT

when one person purchases an item from the self-serving store and puts the product in the basket, it doesn't mean they would not change the item from the basket. The things displayed in the self-serving store are not for acceptance to the sale until the person does not deposit the cash in the cash counter. According to the plaintiff, if he put some item in the basket from the self-serving store, he can not change there mind.

JUDGEMENT

The court said that the goods displayed in a self-serving store are invitations, not an offer. The customer makes that offer when they take the register. And hence the cashier is under the shopkeeper's authority to make acceptance. Hence the offer is not acceptable until the cashier accepts the purchase.

CONCLUSION

Hence, there is no acceptance of the offer in a self-serving store until you deposit cash to the cash counter. It is only an item to display for sale.