In 1951, Boots started operating a self-service chemists' store in Edgware. The store was arranged so that customers could select items, take them to the till and pay for them there. The tills were supervised by a pharmacist. The Pharmaceutical Society of Great Britain brought a claim against Boots, arguing that they were selling medicines without the proper supervision of a pharmacist, in contravention of the Pharmacy and Poisons Act 1933.
Where is it on the map?
At point J.
Who won?
Boots. The Court of Appeal held that the sale did not take place until the cashier served the customer, and at this stage the transaction was supervised by a pharmacist.
What's the principle?
A contract (in this case a contract for the sale of medicines) is not formed until a party has made an offer, and the offer has been accepted by the other party. An offer must show an unequivocal intention to form a contract, on certain terms. The Pharmaceutical Society argued that Boots made an offer to the customer by placing the items on the shelves. But the Court of Appeal held that the offer was actually made by the customer, when he or she gave their selected items to the cashier. At this stage, a pharmacist supervised the proceedings and the customer's offer would be rejected if the goods were not appropriate for them. So Boots' new sales method was lawful.
This case is often cited as authority for the proposition that shops do not make an offer to the customer when placing items on shelves. Instead, this sales method is an example of an 'invitation to treat'.
What's it like now?
Sixty years have passed and it's fair to say that self-service shops have caught on. But some things are slower to change: the shop in Edgware is still a chemist, albeit no longer a Boots.
The manager was very kind and let me take a few photos inside:
It's a beautifully laid-out shop.
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