PHARMACEUTICAL SOCIETY OF GREAT BRITAIN V BOOTS CASH CHEMISTS (SOUTHERN) LD. [1951 P. No. 1413.]

Material Facts:

The Pharmaceutical Society of Great Britain, herein PSGB, brought proceedings against Boots for allowing customers self-select, on open shelves, drugs and medicines which were on the poisons list provided in the Pharmacy and Poisons Act 1993. Boots had a registered pharmacist who oversaw the sale of drugs after the self-selection by customers. PSGB claimed that Boots was in breach of section 18(1) of the Pharmacy and Poisons Act 1933 which required supervision of a registered pharmacist for the sale of any item on the poisons list.

Procedural History:

At the High Court, it was decided that the display of Goods did not amount to an offer. The case is now at the Court of Appeal for determination.

Issue:

Whether or not Boots display of goods on the shelf constituted an offer to sell.

Holding:

it was held that display of goods is not an offer to sell.

Ratio Decidendi:

The judges reasoned that the self-service system adopted by Boots was merely a convenience system to enable customers choose what they want and to alter that choice. It was held that customers after choosing what they want must still go to the pharmacist and indicate their interest in the drug, and the contract is only complete at the point of the pharmacist’s acceptance of the offer.

Comments:

What are your thoughts on this ruling?