Pharamaceutical Society of Great Britain vs boots cash chemist Limited



Pharamaceutical Society of Great Britain vs boots cash chemist Limited

Court                    Court of appeal

decided case date                         5 February 1953

Judges sitting                             Somervell LJ, Birkett LJ and Romer LJ

In Pharamaceutical  Society of Great Britain versus boots cash chemist. This is a famous case of contract which is based on the policy of consideration and offer in the contract. The court in this case held that mere price on the product in the showcase does not amount to be considered as an offer but rather it is an invitation to treat which states the customer to buy the product by giving an offer to the shopkeeper.

Facts[1]

The defendant is a shopkeeper self-service shop in which the medicines and drugs of non perception are kept in which many of them were listed in the poison list provided under the for Pharmacy and Poison act 1933 were sold. The most of the Medical and Drugs were kept in the open shelves so that the customer himself can select the product and place it in shopping basket and take it to the reception where they can pay the bill. The reception work was operated by a registered pharmacist. In this case the claimant brought the proceeding against the defendant under the Pharmacy and Poison act 1933 section 18 clause 1 which requires the supervision of a register pharmacist for the sale of any item in the poison list.

Issue

In this the issue arises that whether the contract between the customer and the pharmacist arises when the customer selected the product from the shelves as there was lack of supervision by the defendant which was a breach of the pharmacy and poison act 1953 at that point.

Other question which was put was that whether the contract for sale of product between the customer and pharmacist arises when the item were paid off when there was no breach of contract due to the presence of the pharmacist at the reception.

Are boots liable for poisons without pharmacist supervision.

 

Held[2]

The court in Pharamaceutical society v. Boot case held that defendant is not liable as there is no breach of contract under the Poison and Pharmacy act 1933. The contract was completed when the payment was made by the customer to the pharmacist. The display of items on the shelves is not an offer it is an invitation to offer which was accepted when the customer selected the item. The customer made an offer to the pharmacist when is selected the item and gone to the reception to pay the bill and it was made contract when the payment was accepted by the pharmacist. The case and facts which support also states that the customer after picking the item customer is not liable to pay the money he has been free to return the item to the shelves before the payment was made by the customer. Invitation to offer is open to everyone and when the item is selected and taken to reception is an offer.

Contract

A contract is a document which states the agreement between two or more persons of doing some work in return of some valuable consideration.

Essentials of Contract

·       There must be two or more parties

·       There must be agreement between two  parties

·       There must be consideration in view of some work

·       Contract must be express or implied

A contract can be void, voidable also depend upon the conditions of the agreement. A contract is void when it is not enforceable by law. Contract is voidable means it is neither enforceable nor void.

A contact is Void

·       When the agreement made is uncertain

·       When the agreement made is by minor

·       When the agreement is impossible to do

 

 Difference between Offer And Invitation to offer

Offer is made tosomeone is a proposal while invitation to offer is to invite someone to make an offer or proposal. In office there is a intention to enter into a proposal while In Invitation ot a offer there can be intention or not it depends upon the negotiating terms between the customer and the shopkeeper.

Analysis

In this case where the claimant thought that the defendant is bound to enter into the contract due to violation of the section under the pharmacy and poison act 1933. Also the question aroses is that  keeping the drugs and medicine on the shelves amounts to the contract when paid the bill. In this case the court took the decision that keeping the items on the shelves is an invitation to offer which means that the shopkeeper is asking the customer make an offer. When the customer will take the item into the shop basket and go to reception compare the bill it will amount to the contract. Contract in this case is valid and does not violate any of the rules under the contract and the pharmacy and poison act 1933. This case tells us about the concept of invitation to offer in the contract.

Conclusion

This case is basically an English Contract which is formed on the basis of the contract basically deals with the offer and vacation to offer this tells us when a customer sees an item on the shop it is an invitation to offer where the customer has to go to the shop and make an offer to the shopkeeper and If the shopkeeper accept that offer it will turn into a contract in exchange of some money from the customer the basis of the contracts form an essential part in the law it depends upon the consideration in exchange of some work. In India the contract comes under the Indian Contract Act which deals with the sale and purchase of items and also the Partnership Act. There can be certain cases where no invitation to offer is there that does not means there is no contract it will also comes under the Indian Contract Act. Indian Contract Act is forms so that after the work done no one denies to pay the amount to the worker. The plaintiff can sue for the damages.



[1]Pharamaceutical Society of Great Britain versusBoots cash chemist Limited, http://www.lawteacher.com (last visited Oct 3,2021.)

 

[2]Pharamaceutical Society of Great Britain versusBoots cash chemist Limited, http://www.iblogpleader.com (last visited Oct 3,2021.)

 

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