Pharmaceutical Society of Great Britain v Boots Cash Chemist / Nemo Dat Quod Non Habet
Question 1 Pharmaceutical Society of Great Britain v Boots Cash Chemist is an English contract law decision on the nature of an offer. The Court held that display of the goods is not an offer but is an invitation to treat. An invitation to treat is an invitation to the other party to make an offer, to make enquiries or to negotiate. It is a preliminary act in the negotiation process and is not an offer in the strict legal sense. The person who making the invitation is not an offeror. The fact of this case is Boots operated a self-service store which included a pharmacy department. Customers would select items from the shelves and then take them to a cashier’s desk which is where they were paid. A pharmacist supervised the sale when a drug was involved. So, the Pharmaceutical Society said that Boots was infringed the Pharmacy and Poison Act 1933 which is requiring the sale of certain drugs to be supervised by a registered pharmacist. The Society argued that displays of products were an offer and when a customer selected and put the drugs into their cart, then there was an acceptance. Although the Society alleged that Boots infringed but the claim failed at first instance and the Society appealed. A shop, although the goods are displayed on the shelves and it is intended that customers should go and select what they want. But, the contract is not completed until the shopkeeper accepts the offer. If the Society’s argument was accepted, the customers then once they are placing an item in their cart, which mean they have no right to substitute another article which she or he preferred. This is leading to commercially inconvenient. Carlill v Carbolic Smoke Ball Co. is a unilateral offer that made to the world or public at large. The court held that the advertisement was an offer to the world at large and any person can come forward and fulfill the conditions on the faith of the advertisement. It is consider as a unilateral contract. Unilateral offer is made not
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