Partridge v Crittenden [1968] 2 All ER 421
Citation:Partridge v Crittenden [1968] 2 All ER 421
Link to case on WorldLII (reference).
Rule of thumb:Are you allowed to exaggerate in adverts? Yes, adverts can contain exaggerated superlative & metaphors – they are known as trading puffs – this is not a breach of the law.
Judgment:
The basic facts of this were that Partridge put an advertisement in the newspaper about the sale of wild birds. Some sent Partridge a cheque for £29, but Partridge subsequently sent them a bird which was bred in captivity and had a close ring round its foot so that its full movement could be traced – essentially Partride was advertising something for sale which he was not with it falsely looking like he was selling wild birds, when he was actually a legitimate bird breeder. Partridge was initially convicted for offering to sell wild birds. However, the House of Lords overturned the conviction on the basis that an advertisement is an invitation to treat and not an offer for sale as such, meaning that Partridge had not actually offered to sell anything illegal. The Court reaffirmed that where people merely put up price lists and to entice people these are not deemed to be offers, ‘I agree and with less reluctance than in Fisher v. Bell, and Mella v. Monahan I say “with less reluctance” because I think when one is dealing with advertisements and circulars, unless they indeed come from manufacturers, there is business sense in their being construed as invitations to treat and not offers for sale ... dealing with a price-list... It seems to me accordingly that not only is it the law but common sense supports it’, Lord Parker.
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