Partridge v Crittenden [1968]

Court: High Court

Facts: The defendant, Partridge, placed an advertisement offering Bramblefinch cocks and hens for sale at 25 shillings each. He was subsequently charged under the Protection of Birds Act 1954 for unlawfully offering a wild live bird for sale. The magistrates initially found Partridge guilty, prompting him to appeal.

Issue: Does an advertisement for the sale of goods constitute an offer, or is it merely an invitation to treat?

Held: The High Court allowed Partridge’s appeal, ruling that the advertisement was an invitation to treat, not an offer. Lord Parker CJ clarified that advertisements, especially those involving the sale of goods, are generally not offers but invitations to treat. Therefore, the defendant could not be liable under the Protection of Birds Act, as no offer to sell had been made.

Key Judicial Statement: Lord Parker CJ stated, In general, advertisements are not offers but invitations to treat. If they were offers, the seller might be obliged to sell more items than they possess, leading to commercial impracticalities.

💡Leveluplaw: This case is fundamental in contract law, establishing that advertisements are typically considered invitations to treat rather than offers. It highlights the distinction between inviting interest in goods and making a binding offer. This principle protects sellers from being contractually obligated to fulfil demands beyond their stock and ensures clarity in the contract formation process.