Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Problem 3: A self-service chemist's shop had a checkout at the exit. Dan erous poisons and drugs, which by statute could not be sold except
Problem 3: A self-service chemist's shop had a checkout at the exit. Dan erous poisons and drugs, which by statute could not be sold except under the irect supervision of a qualified pharmacist, were kept separate in a special area. Customers were able to select the articles they wanted to purchase and pay the cashier for them at the exit. A registered pharmacist supervised each transaction at the exit and the pharmacist was entitled to refuse goods to any customer. The shop was prosecuted for selling poisons without the sale being supervised by a pharmacist. The prosecution depended on where the sale took place - did the sale take place at the shelf or at the cashier? El ('1 Key facts: the defendant was selling drugs at a self-service check out, where customers could select their items and then purchase them at the register which was supervised by a registered pharmacist Relevant issues: are the goods on the shelf an offer or simply an invitation to treat? Key legal principles: i Pharmaceutical society of Great Britain v Boots cash Chemist (Southern) Ltd Application: the display of goods is only an invitation to treat. The customer bringing the goods to the register is an offer which the pharmacist can either accept or reject, meaning they are supervising the sale of drugs Tentative conclusion: the sale took place at the cashier, as it is where the exchange of money for goods occurred. The products placed on the sheif were merely an invitation to treat, and the customer has no obligation to complete the sale and thus the Chemist's shop did not breach the pharmacy and poisons act 1933
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access with AI-Powered Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started