''Partridge v Crittenden''

968 Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (th ...

1 WLR 1204 is an

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...

case, which was heard by the

Divisional Court A divisional court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges.Section 66, Senior Courts Act 1981. Matters heard by a divisional court include some criminal cases in the High Court ...

of the

Queen's Bench Division The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on point ...

of the

High Court of England and Wales The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...

on appeal from Chester

magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...

, and is well known (amongst other cases) for establishing the legal precedent in English

contract law A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

that

advertisements Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...

are usually considered to be invitations to treat.

Facts

This case was a case stated by the

sitting at the Castle in

Chester Chester is a cathedral city and the county town of Cheshire, England. It is located on the River Dee, close to the English–Welsh border. With a population of 79,645 in 2011,"2011 Census results: People and Population Profile: Chester Loca ...

on 19 July 1967. On 13 April 1967 an advertisement by the appellant (Arthur Robert Partridge) appeared in the

periodical A periodical literature (also called a periodical publication or simply a periodical) is a published work that appears in a new edition on a regular schedule. The most familiar example is a newspaper, but a magazine or a journal are also examples ...

"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 ("

aviary An aviary is a large enclosure for confining birds, although bats may also be considered for display. Unlike birdcages, aviaries allow birds a larger living space where they can fly; hence, aviaries are also sometimes known as flight cages. Av ...

bred, close ringed") bramblefinch hen and enclosed a

cheque A cheque, or check (American English; see spelling differences) is a document that orders a bank (or credit union) to pay a specific amount of money from a person's account to the person in whose name the cheque has been issued. The pers ...

for 30 s. 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 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 The Royal Society for the Prevention of Cruelty to Animals (RSPCA) is a charity operating in England and Wales that promotes animal welfare. The RSPCA is funded primarily by voluntary donations. Founded in 1824, it is the oldest and largest a ...

, with illegally offering for sale a live wild bird which was not a close-ringed specimen, bred in captivity, contrary to s. 6(1) and Sch. 4 of the

Protection of Birds Act 1954 Protection is any measure taken to guard a thing against damage caused by outside forces. Protection can be provided to physical objects, including organisms, to systems, and to intangible things like civil and political rights. Although th ...

. The magistrates decided that the advertisement was an

offer Offer or offers may refer to: People * Ofer Eshed or Offer Eshed (1942-2007), Israeli basketball player * Offer Nissim (born 1964), Israeli house DJ * Avner Offer, economic historian * Dick Offer, English rower * Jack Offer, English rower * Steve ...

for sale and that the bramblefinch hen was not a close-ringed specimen bred in captivity, because it was possible to remove the ring from the bird's leg. Partridge was convicted, was fined £5 and ordered to pay £5 5 s advocate's fee and £4 9s. 6 d. witnesses' expenses. Partridge appealed against conviction.

Relevant law

Section 6(1) of the Protection of Birds Act 1954 states: Schedule 4 of the Act has the heading "Wild birds which may not be sold alive unless close-ringed and bred in captivity" and amongst the names in the schedule is "brambling".Protection of Birds Act 1954
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Judgment

The High Court had to answer whether the appellant's advertisement constituted a legitimate

for sale (as the prosecution chose to prosecute only for the weaker of the three possible alleged facts), and whether the bird was not a close-ringed specimen bred in captivity under the

if it were possible to remove the ring from its leg. It was held that the advertisement in question constituted in law an

invitation to treat An invitation to treat (or invitation to bargain in the United States) is a concept within contract law which comes from the Latin phrase ''invitatio ad offerendum'', meaning "inviting an offer". According to Professor Andrew Burrows, an invitat ...

and not an

to sell; therefore the offence with which the appellant was charged was not established. The judges also said that if the only issue were whether the bird was a close-ringed specimen under the

, the magistrates' judgment would have been upheld. Ashworth J gave his judgment first. Lord Parker CJ said the following. Blain J concurred.

References

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Facts

Relevant law

Judgment

References

See also