This is a case which upheld the legal concept of an invitation to treat.
Facts of the Case
The defendants carried business in the retail sale of drugs and medicines. The defendants’ shop comprised a single room adapted to the self-service system. The drugs and medicines are displayed on the shelves in packages and in containers and marked with its retail prices. On entering the shop, the customer was provided with a wire basket and was free to select anything he wished to buy by placing them in the basket and take it to the cashier’s desk at the exit. The cashier would then examine the medicines, state the total price and receive payment. At this stage, a registered pharmacist will supervise the transaction involving the sale of a drug.
The plaintiff, Pharmaceutical Society had to take reasonable steps to enforce the provisions of Pharmacy and Poisons Act 193. Section 18(1)(a)(iii) of the Pharmacy and Poisons Act 1933 provides that subject to the provisions of this Part of this Act, it shall not be lawful for a person to sell any poison included in Part I of the Poisons List, unless the sale is effected by, or under the supervision of, a registered pharmacist.” Thus, the plaintiff had brought an action against the defendant for breach of s.18(1) of the Pharmacy and Poisons Act 1933. The High Court ruled against the plaintiff. thus, they appeal to the Court of Appeal.
Issue of the Case
Whether each sale was carried out by or under the supervision of a registered pharmacist in accordance with s.18(1)(a)(iii) of the Pharmacy and Poisons Act 1933?
Judgments of the Court
Plaintiff alleged that the display of goods constituted an offer. Plaintiff suggested that the purchase is complete when a customer takes an article or drugs and puts into his basket. Thus, when the customer goes to the pay desk, the registered pharmacist has no power to decline selling the article or drugs to the customer.
The Court of Appeal held that although goods are displayed and it is intended that the customers should go and choose what they want. The display of goods on the shelves was only an invitation to treat. It was for the customer to offer to buy the goods. The contract is not complete until the customer indicated what he needs and the shopkeeper accepts that offer. In this case, there is no sale until the customer’s offer to buy is accepted by the acceptance of the money and that it takes place under the supervision of a pharmacist. Hence, the defendant did not breach s.18(1)(a)(iii) of the Pharmacy and Poisons Act 1933.
Principles of the Case
The display of goods on the shelves was only an invitation to treat. It was for the customer to offer to buy the goods. The contract of sale was completed when the customer's offer to buy was accepted by the seller in receiving the payment at the cashier's desk.
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