PHARMACEUTICAL SOCIETY OF GREAT

BRITAIN V BOOTS [1953]

BUSINESS LAW

NORSAHIDAH BINTI JAFFAR INTAN NORAZIRA BINTI MOHD MURADRAJA NURASMAZIRA BINTI RAJA NORIZAM MIZA FARAQHIN BINTI ABD MUIN

EXAMPLE OF THE SITUATION REGARDING PHARMACEUTICAL SOCIETY OF GREAT BRITAIN VS

BOOTS• VIDEO

CASE FACTS :- • Boots Cash Chemists were self-serve

chemists.• Customers would select the item they

wished to purchase. • Take it to the cash register where a

pharmacist checked the purchases. • An English law required prescribed

drugs to be sold under the supervision of a qualified pharmacist.

• The Pharmaceutical Society prosecuted Boots Cash for breaching this law arguing that the products were sold when they were selected by the customer from the shelf.

• At that point of time there had been no supervision by a pharmacist as required by the law.

 

• The court held that the goods on display on the shelf was an invitation to treat.

• When the customer took the goods off the shelf and handed them to the pharmacist at the cash register this was an offer by the customer to buy.

• The sale only took place when the pharmacist accepted the customer’s offer by accepting the customer’s money.

CONTINUE…

STUDY OF THE CASE • Ratio: An invitation to an offer is not an offer and must be followed by an offer.→ For a contract to be completed someone must make an offer and the other party must accept that offer.

• Analysis: Display of goods was an invitation to offer and once you give cashier the money that is the offer, when they take payment that is the acceptance

• Holding: Time of sale at cashier is acceptance

CONCLUSION

• VIDEO

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