英国合同法判例选.docVIP

Cases of Law of Contract: 1.1 Pharmaceutical Society of Great Britain v Boots Cash Chemists [1953] ???????? The defendant’s branch at Edgeware was adapted to a self-service system whereby ???????? customers selected goods from the shelves and took them to a cash desk to pay the price. ???????? One section of the shelves was set out with drugs included in the poisons list referred to ???????? in s.17 of the Pharmacy and Poisons Act 1933, though they were not dangerous drugs and ???????? did not require a doctor’s prescription. Section 18 of that Act required the sale of such ???????? drugs to take place in the presence of a pharmacist. All sales of drugs on the poisons list ???????? were supervised at the cash desk by a pharmacist. The Society, which had a duty to ???????? enforce the Act, brought an action against Boots on the basis that the display of the drugs ???????? constituted an offer, which the customer accepted when he selected goods from the ???????? shelves. The sale was thus completed without supervision. ???????? Held: The display of drugs on the shelves was not an offer but an invitation to treat. The ???????? contract was made when the assistant at the cash desk accepted the customer’s offer to ???????? buy what had been chosen. The presence of the pharmacist at the cash desk fulfilled the ???????? requirements for supervision under the Act. 1.2 Harvey v Facey [1893] ???????? Harvey sent a telegram to Facey: “Will you sell Bumper Hall Pen, telegraph lowest cash ???????? price.” Facey replied with a telegram: “Lowest cash price Bumper Hall Pen ￡900.” Harvey ???????? purported to accept this offer but Facey did not respond. Harvey sued. ???????? Held: There was no contract. Facey’s telegram was not an offer but a reply to an inquiry. ? ?1.3 Carlill v Carbolic Smokeball Co [1893] ????????? Defendants were proprietors of a medical preparation called “The Carbolic Smoke Ball”. ???????? They advertised in a number of newspapers that t