Pharmaceutical Society v Boots Cash Chemists ([1952] 2 QB 795)

Issues

• Are shelf displays binding offers?
• When is acceptance complete in a self-service store?
• Did Boots breach the law on supervised sales of scheduled poisons?

Rules

Arguments

Judgment

Held: For Boots. Shelf display is an invitation to offer. The customer’s offer at the till is accepted by the cashier/pharmacist on payment. No breach of the Act.

Key effect: Customers are not bound when they pick up items; they can return them before paying.

Ratio Decidendi

Shop displays are invitations. Contract forms at the cashier, where acceptance and statutory supervision can occur. This keeps consumer choice alive and ensures lawful control over restricted goods.

Why It Matters

• Core authority for invitation to offer in retail.
• Explains how consumer freedom and statutory safeguards work together.
• Useful for exam problems on offer & acceptance and regulated goods.

Key Takeaways

1. Shelf display = invitation; not an offer.
2. Offer happens at till; acceptance on payment.
3. Pharmacist supervision valid at checkout, not at shelf.

Mnemonic + 3-Step Hook

Mnemonic: “Shelf Says: See & Select; Till Says: Deal Done.”

1. See: Shelf invites you.
2. Select: You choose, but can change.
3. Deal Done: Only when pharmacist/cashier accepts payment.

IRAC Outline

Glossary

Invitation to Offer

A step before an offer—invites customers to propose a deal.

Acceptance

Final agreement to the offer, here at the cash desk on payment.

Supervision

Required presence of a pharmacist for regulated drugs at the point of sale.

FAQs

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