国际商法教程案例翻译.pdf

国际商法教程案例翻译 Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Sourhern) Ltd. [1953] 1Q. B.401,[1953] 1 All E.R.482(C.A.) The defendants, Boots,operated a self – service pharmacy.One part of the store was called the”Toilet Dept.,”and another the”Chemists ‘Dept.”One of the shelves in the chemists’ department drugs,including proprietary medicines ,were displayed in individual packages or containers with an indication of the price of each. One section of the shelves in the chemists ’ deparement was devoted exclusively to drugs which were included in, or which contained substances included in ,Part Ⅰof the Poisons Act , 1933;… The defendants’ staff included a manager ,a registered pharmacist, three assistants and two cashiers, and during the time when the premises were open for the sale of drugs the manager ,the registered pharmacist,and one or more of the assistants were present in the room.In order to leave the premises the customer had to pass by one of two exits, at each of which was a cash desk where a cashier was stationed who scrurinized the articles selected by the customer, assessed the value and accepted payment .The chemists’ department was under the personal control of the registered pharmacist, who carried out all his duties at the premises subject to the directions of a superintendent appointed by the defendants in accordance with the provisions of section 9of the Act. The pharmacist was stationed near the poison section, where his certificate of registration was conspicuously displayed, and was in view of the cash desks. In every case involving the sale of a drug the pharmacist supervised that part of the transaction which took place at the cash desk and was authorized by the defendants to prevent at that stage of the