Partridge v Crittenden
| Partridge v. Crittenden | |
|---|---|
 |
|
| Court | Divisional Court |
| Full case name | Arthur Robert Partridge v. Anthony Ian Crittenden |
| Decided | 5 April 1968 |
| Citation(s) | [1968] 1 WLR 1204; [1968] 2 All ER 421;(1968) 132 JP 367; (1968) 112 SJ 582 |
| Cases cited | Fisher v. Bell [1961] 1 QB 394; Grainger & Son v. Gough (Surveyor of Taxes) [1896] AC 325; Mella v. Monahan [1961] Crim. LR 175 (DC) |
| Legislation cited |
Protection of Birds Act 1954 s. 6 Protection of Birds Act 1957 Sch 4 |
| Court membership | |
| Judge(s) sitting | Lord Parker, CJ, Ashworth and Blain, JJ |
| Keywords | |
| Bird Conservation; Offer and acceptance; Invitation to treat; Advertisement | |
Protection of Birds Act 1954 s. 6
Partridge v Crittenden [1968] 1 WLR 1204 is an English case, which was heard by the Divisional Court of the Queen's Bench Division of the High Court of England and Wales on appeal from the Magistrates' Court and is well-known (amongst other cases) for establishing the legal precedent in English contract law, that usually advertisements are invitations to treat.
This case was a case stated by the Magistrates' Court sitting at the Castle in Chester on 19 July 1967.
On 13 April 1967 an advertisement by the appellant (Arthur Robert Partridge) appeared in the periodical "Cage and Aviary Birds", under the general heading "Classified Advertisements" which contained, amongst others, the words Quality British A.B.C.R... Bramblefinch cocks, Bramblefinch hens 25 s. each. In no place was there any direct use of the words "offer for sale". A Thomas Shaw Thompson wrote to Partridge asking him to send him an ABCR Bramblefinch hen (a brambling) and enclosed a cheque for 30s. On 1 May 1967 Partridge dispatched a brambling, which was wearing a closed-ring around its leg, to Thompson in a box. Thompson received the box on 2 May 1967 and was able to remove the ring from the bird's leg without injuring it.
Partridge was charged by Anthony Ian Crittenden, on behalf of the RSPCA, with illegally offering for sale a live wild bird which was not a close-ringed specimen, bred in captivity, against s. 6(1)* and Sch. 4* of the Protection of Birds Act 1954. The magistrates decided that the advertisement was an offer for sale and that the ABCR Bramblefinch hen was not a close-ringed specimen bred in captivity, because it was possible to remove the ring from the bird's leg.
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