Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd (1953)
JUDGEMENT: In this court held there was a self-service departmental store, and the customers were to pick up articles and to take them to the cashier’s desk to pay. It was held that the customer’s action in picking up particular goods was an offer to buy. As soon as the cashier accepted the payment, a contract was entered into.
In the similar manner, where a company issues a prospectus for subscription of its share by the public, the catalogues and quotations are mere invitation to offer and not an offer in itself.
On the basis of the ruling of the above case, it can be said that when a party without expressing his final willingness to sell, puts out terms on which he is willing to negotiate, is only an invitation to offer. Thereby meaning that he is inviting people to negotiate on those terms.
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