Case Brief Pharmaceutical Society v Boots

Case Brief Name of Case Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd Citation and Court [1953] 1 QB 401 Court of Appeal of England and Wales Material Facts Boots Cash Chemist run a self-service store which means that the goods they sell are displayed on shelves which the customers would select and then take to the cashier to pay. If a customer buys a drug, then a registered pharmacist must supervise the sale. The Pharmaceutical Society alleged that this practice infringed Section 18 of the Pharmacy and Poisons Act 1933 which required the sale of certain drugs to be supervised by a registered pharmacist. Legal Issue The court had to decide whether the display of drugs on the shelves constituted an invitation to treat or an offer. Relevant Law Generally, a display of priced goods in shops is considered an invitation to treat and not an offer, as there is no intention to create a legally binding contract. Application of Law to the Facts Conclusion Question 1 What elements are required for the formation of a contract? Once a contract is formed, what are the elements that may vitiate that contract, and how would you describe those elements? - Elements required for the formation of a contract are Agreement (whether there has been an offer and an acceptance), Consideration (exchange of something of value), Intention (to create legal relations which produces legal consequences), Certainty and Completeness (an agreement should have certainty and completeness in its terms in order for it to be enforceable and to avoid disputes), and Capacity (to enter into legal relations. Certain groups of people are considered not having the legal capacity to do so e.g., children, mentally disabled people, intoxicated people, bankrupt people). - Vitiating factors include: - Misrepresentation. A false statement made by one party to induce the other party to enter into the contract. - Mistake. A mistake made by one or both parties about a material aspect of the contract, which can render the contract voidable. - Duress. When one party is forced or coerced into entering into a contract against their will. - Undue influence. When one party uses their power or position to coerce the other party into entering into the contract. - Unconscionability. A contract that is so one-sided or oppressive that it is considered morally or ethically unacceptable. - Illegality. A contract that is illegal or contrary to public policy is void. - Capacity. A contract entered into by a party who is not legally capable of entering into a contract, such as a minor, is voidable. - Lapse of time. A contract that is time-barred or has expired, is void. Question 2 What is the difference between bilateral and unilateral contracts? Give examples of each.