Here’s a clear and concise summary of Partridge v Crittenden [1968] 1 WLR 1204—a leading English contract law case.
Case Citations: [1968] 1 WLR 1204; [1968] 2 All ER 421; (1968) 132 JP 367; (1968) 112 SJ 582
- Court: Queen’s Bench Division (Divisional Court)
- Judges: Lord Parker CJ, Ashworth J, Blain J
- Legal Area: Contract Law – Invitation to Treat vs. Offer
What happened in Partridge v Crittenden?
Partridge placed a classified advert in a magazine named “Cage and Aviary Birds” saying something like “Bramblefinch cocks, Bramblefinch hens, 25s. each.” He was prosecuted under the Protection of Birds Act 1954 for “offering for sale” wild birds. The Protection of Birds Act 1954 made it an offence to offer certain wild birds for sale.
The question was whether the advertisement amounted to a legal offer (which could make him guilty) or merely an invitation to treat.
If it was an offer, Partridge would be guilty.
If it was an invitation to treat, he would not be liable.
Decision & Ratio Decidendi
The High Court held the advertisement was an invitation to treat, not an offer, so the offence (as charged) was not made out and the conviction could not stand. The case confirms the established contract-law rule that ordinary advertisements are usually invitations to treat, not offers capable of immediate acceptance. They invite customers to make an offer, rather than binding the advertiser the moment someone responds.
No legal obligation arises just from an ad.
The court followed the same principle as in Fisher v Bell (1961).
Outcome:
Partridge’s conviction was overturned. He was not legally offering the birds for sale—only inviting customers to make offers.
Why the Case Matters?
Partridge v Crittenden is a staple authority on formation of contracts and statutory interpretation: it protects sellers from being automatically bound (or criminally liable) by routine classified ads, and it reinforces the invitation-to-treat rule used in consumer and contract law.
List of references:
- https://s3.studentvip.com.au/notes/17320-sample.pdf
- https://www.lawteacher.net/cases/partridge-v-crittenden.php
- https://classic.austlii.edu.au/au/journals/UTasLawRw/1971/7.pdf
- https://s3.studentvip.com.au/notes/9230-sample.pdf
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- How Livingstone v Evans Defines Counteroffer in Contract Law
- Summergreene v Parker [1950] HCA 13: Contract Not Concluded
Ruchi is a legal research writer with an academic background in CA, MBA (Finance), and M.Com. She specializes in digesting and summarizing complex judicial decisions into clear and structured case notes for students and legal professionals.