FACTS
The defendant operated a self-service shop selling non-prescription drugs, including those listed in the Poisons List under the Pharmacy and Poisons Act 1933. Customers could freely select items from open shelves, place them in a basket, and pay at the till, where a registered pharmacist managed the transaction. Despite this arrangement, the claimant filed a lawsuit alleging a violation of section 18(1) of the Pharmacy and Poisons Act 1933, which mandates the supervision of a registered pharmacist for the sale of items listed in the Poisons List.
ISSUES
Whether the contract of sale was concluded when the customer selected the product from the shelves (in which case the defendant was in breach of the Act due to the lack of supervision at this point) or when the items were paid for (in which case there was no breach due to the presence of the pharmacist at the till.
JUDGMENT
The Court of Appeal determined that the defendant did not violate the Act, as the contract was finalized upon payment under the pharmacist's supervision. The goods displayed on the shelves were not considered an offer accepted upon selection; instead, the correct interpretation was that the customer made an offer when reaching the till, and this offer was accepted when payment was processed. This understanding was reinforced by the customer's freedom to return items to the shelves before making a payment.
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