To complete a contract,
aforementioned, one party must make an offer and the second party must accept
the offer. In the case of Pharmaceutical
Society of Great Britain v Boots (1953), the Poison Act 1933 was introduced.
The case explained: all prescribed drugs must be purchased under the
supervision of a qualified pharmacist, (Br Med J 1950;2:455). The arguments in this case,
defendants were being prosecuted due to a pharmacist not being present at the
time of selecting the pharmaceuticals from the shelf. Firstly, the displaying
of goods on the shelves was an invitation to offer without the supervision of
the pharmacist. What constitutes as an offer here was presenting the goods at
the cash register had the intention to purchase the goods, and communicated so.
The contract is accepted the moment the pharmacist accepts the customer’s offer
by taking the cash in exchange for the product. In terms of acceptance
analysis, the goods were displayed being an invitation, therefore the movement
of cash from the customer to the cashier is the offer, and is complete when
payment is taken and processed which implies acceptance.
The same analogy applies
in Fisher v Bell (1961) the lawsuit
where a ‘flick knife’ item was advertised for sale in the shop window and the display
of the product was decided that it was an invitation to treat. Any consumer whom
wished to enter the shop with the intentions of purchasing the knife at the
priced indicated in the shop window. The display was a mere invitation; meaning
that there were no forms of agreement hence no offence being performed,
(Tillotson and Mulcahy, 2004). A bilateral contract is known to have an outstanding
obligation remaining on both sides of the party which an offeror makes a
promise in return for a future bargain from the offeree. The case Partridge
v Crittenden (1968) exhibits
the rule of advertisements for its understanding known as an invitation to
treat. This advertisement was found in the section for classified advertisement
and there was no evidence of the phrases for sale on view.