PARTRIDGE V CRITTENDEN (1968)
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- PARTRIDGE V CRITTENDEN (1968)
- CITATION: 1 WLR 1204, 2 A II ER 421; (1968) 132 JP 367; (1968) 112SJ 582COURT: DIVISIONAL COURTDATE DECIDED: APRIL 5, 1968JUDGES SITTING: LORD PARKER, CJ, ASHWORTH AND BLAIN, JJ
- CASE FACTS: DEFENDANTS ADEVRTISED FOR A NUMBER OF BRAMBLEFINCH STATING THE PRICE WAS TO BE 25 SHILLINGS FOR EACH.
- Under the Protection of Birds Act 1954, it is unlawful to offer for sale of any wild live birds.
- Member of Royal Society for the Prevention of Cruelty to Animals (RSPCA) brought a prosecution against the defendant under the Act.
- My offer was a mere invitation to treat which is not illegal, and it was not an offer.
- DECISION OF THE MAGISTRATE
- The advertisement was an offer and you're guilty for sale of wild live birds.
- The defendant's appealed his conviction
- Under the circumstances of this case, the advertisement did not constitute as an offer in the full legal context, hence you're not guilty.
- UK High Court ruled that the advertisement was an invitation to treat , and the advertisement did not mention ' For Sale'.
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