Partridge v Crittenden - Case Summary

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It is clear that, according to the ordinary law of contract, the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale, the acceptance of which constitutes a contract. (Lord Parker, CJ, Partridge v Crittenden [1968] 1 WLR 1204, 1208)

UK Law Case Summary

Case Citation: Partridge v Crittenden [1968] 1 WLR 1204
Jurisdiction Tags: Contract Law, Offer and Acceptance, Invitation to Treat
Short Case Name: Partridge v Crittenden
Court/Level: Divisional Court

Facts

The defendant placed an advertisement in a magazine, offering for sale some bramble finch birds, which were listed as wild birds in the Protection of Birds Act 1954. The price was stated as 25 shillings each.

The claimant, a member of the RSPCA, wrote to the defendant and asked him to send a bramblefinch hen. The defendant sent the bird, which had a ring around its leg.

The claimant removed the ring without injuring the bird and reported the defendant to the RSPCA.

The defendant was charged with unlawfully offering for sale a live wild bird, contrary to the Act. The magistrates convicted the defendant, who appealed to the Divisional Court.

Issues

The main legal issues in the case were:

Whether the advertisement was an offer or an invitation to treat.

Whether the defendant had committed an offence under the Protection of Birds Act 1954.

Holding

The Divisional Court accepted the appeal and quashed the guilty verdict. The court held that:

The advertisement was not a promise but a request to negotiate, and so the defendant had not sold any wild bird as defined by the Act.

Rationale

The court followed the precedent of Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401, which established that the display of goods for sale was not an offer but an invitation to treat.

The court applied the same reasoning to the advertisement of goods for sale, and found that the advertisement was merely a means of attracting customers to make offers to buy the goods.

The court also considered the practical difficulties of treating the advertisement as an offer, such as the possibility of multiple acceptances or the lack of stock.

The court also referred to the statutory interpretation of the Protection of Birds Act 1954, and concluded that the phrase “offer for sale” in section 6 (1) meant a definite offer that could be accepted, not a mere invitation to treat.

Rule/Principle Established

The case affirmed the conventional approach to contract formation, which requires an offer and a corresponding acceptance before a contract can be established.

It also illustrated the distinction between an offer and an invitation to treat, and the application of this distinction to the advertisement of goods for sale in a magazine.

It also clarified the meaning and implication of the Protection of Birds Act 1954 for the sale of wild birds.

Introduction

The case relates to the legal concept of offer and acceptance, which are the main elements of contract formation.

An offer is a clear and definite statement of the terms on which one party is willing to be bound, while an acceptance is a clear and definite expression of agreement to those terms.

An offer can be distinguished from an invitation to treat, which is a preliminary communication that invites the other party to make an offer or to negotiate.

Requirements

The requirements for offer and acceptance are as follows:

There must be an offer and a corresponding acceptance that mirror each other in terms of the essential terms of the contract.

The offer and acceptance must be communicated by words or conduct, and there must be a mutual understanding of the meaning and intention of the parties.

The offer and acceptance must be made with the intention to create legal relations, and not merely as a social or moral obligation.

The offer and acceptance must be supported by consideration, which is something of value given or promised by each party in exchange for the other party’s promise or performance.

Remedies

The remedies for breach of contract are as follows:

Damages, which are monetary compensation for the loss or injury caused by the breach. ㅤDamages can be classified into different types, such as expectation damages, reliance damages, restitutionary damages, nominal damages, and liquidated damages.

Specific performance, which is an equitable remedy that orders the breaching party to perform their contractual obligations as agreed. Specific performance is only granted when damages are inadequate or impracticable, and when the contract is for a unique or specific subject matter.

Injunction, which is another equitable remedy that orders the breaching party to refrain from doing something that would violate the contract or harm the other party’s rights. Injunctions can be classified into different types, such as prohibitory injunctions, mandatory injunctions, interim injunctions, and final injunctions.

Defences

The defences for offer and acceptance are as follows:

Lack of capacity, which means that one or both parties did not have the legal ability to enter into a contract, such as minors, mentally incapacitated persons, or intoxicated persons.

Lack of consent, which means that one or both parties did not freely and voluntarily agree to the contract, due to factors such as mistake, misrepresentation, duress, undue influence, or unconscionability.

Illegality, which means that the contract or its purpose is contrary to law, public policy, or morality, such as contracts involving fraud, crime, or immoral acts.

Information for Journalists

The case is relevant and important for journalists because it demonstrates the legal principles and issues involved in offer and acceptance, which is a common and essential aspect of many transactions and relationships in society.

The case also shows the role and function of the courts in interpreting and applying the law to the facts and circumstances of each case, and the possible outcomes and consequences of different judicial decisions.

The case also illustrates the impact and influence of statutory law and regulation on the formation and enforcement of contracts, such as the Protection of Birds Act 1954, which aimed to protect wildlife and biodiversity.

Subsequent Applications

The case has been applied and followed by subsequent courts in similar cases involving offer and acceptance, and invitation to treat.

For example, in Fisher v Bell [1961] 1 QB 394, the Court of Appeal applied Partridge v Crittenden and held that there was no contract between a shopkeeper and a customer, as the display of a flick knife in the shop window was an invitation to treat and not an offer.

In Grainger & Son v Gough [1896] AC 325, the House of Lords applied Partridge v Crittenden and held that there was no contract between a wine merchant and a buyer, as the catalogue of wines was an invitation to treat and not an offer.

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