Pharmaceutical Society v Boots [1953]

Court: Court of Appeal

Facts: Boots Cash Chemists introduced a self-service shopping method where customers could pick up items, including medicines, and take them to the cash desk to pay. The Pharmaceutical Society of Great Britain argued that this practice violated the Pharmacy and Poisons Act 1933, which mandated that sales of certain listed poisons be supervised by a pharmacist. The Society claimed that the sale was completed when customers placed the items in their baskets, thus bypassing the required pharmacist supervision.

Issue: Does the display of goods in a retail store constitute an offer, and is the sale completed when the customer places the goods in their shopping basket, or does the contract only conclude at the point of payment?

Held: The Court of Appeal ruled in favor of Boots, determining that the display of goods was not an offer but an invitation to treat. The sale was only completed when the customer presented the goods at the cash desk and a pharmacist supervised the transaction. The court found that no sale occurred when the items were placed in the basket, ensuring compliance with the Pharmacy and Poisons Act.

Key Judicial Statement: Somervell LJ stated, “The customer, by placing goods in the basket, is making an offer to buy, which can be accepted or rejected at the cash desk.”

💡Leveluplaw: This case is fundamental in distinguishing between an offer and an invitation to treat in retail environments. The ruling reinforces the principle that the display of goods in a store is merely an invitation for customers to make an offer, with the contract forming only when the seller accepts the offer at the point of sale. It ensures that even in self-service settings, legal requirements such as pharmacist supervision are respected at the appropriate stage of the transaction.