PSGB v boots cash chemists 1953, Facts, Important Points

This case is concerned with the Invitation to treat (ITT) in the offer and acceptance chapter of contract law

Table of Contents

Facts of PSGB v boots cash chemists 1953

The Defendant had a pharmacy in which the medicines were dispkayed on the shelf. People used to pick it from shelf and came to the cash desk fro the payment. At the cash desk there was pharmacist whou used to check the medicines and clear the Bill.

The claimant brought the case agianst defendant as this setup was against the s.18(1)(a)(iii) of the Pharmacy and Poisons Act 1933.

The claimant said as this displayed medicines are an offer, and when a customer picks it up the acceptance takes place. While the law says that the sale must take place under the supervision of a registered pharmacist.

As this could lead into making of informal contracts and the pharmacist would have no authority to stop customers from taking the medicines

Issue:

Whether the displayed medicines on the shelf an Offer or an Invitation to treat (ITT)?

Decision

The court gave the decision in the favour of the Defendant by saying that the displayed medicines on the Shelf are an Invitation to treat (ITT) not an offer. And the offer is made when the customer takes the medicine to the cash desk, and the acceptance is made when the pharmacist at cash desk approves it.

So hence there was no violation of the law and Defendant was not liable

Important Point of PSGB v boots cash chemists 1953

This case upholds the rule that

“Displayed Goods are an Invitation to treat (ITT) not an offer and the acceptance takes place at the cash desk“