Partridge v Crittenden (1968): Advertisements are invitations to treat and not an offer

Areas of applicable law: Contract law – Invitation to treat.

Main arguments in this case: Invitation to treat is not an offer.

The fact of the case: This is another example in how an offer is distinct from an invitation to treat in contract law. The facts of the case are quite similar to the case of Fisher v Bell (1967).

Mr Partridge, the defendant, advertised in a magazine that he had Bramblefinch cock and hens to sell. The price he quoted for each bird was 25 Shillings. The Bramblefinch was a protected bird category under the the Protection of Birds Act 1954 and he was consequently charged with offering to sale a protected bird species.

The conviction was quashed on the appeal and it was held that advertisement to sell the bird was an invitation to treat and did not constitute an offer.