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Words: 2,000 | Submitted: Wed Dec 05 2007
... to treat is "an invitation to others to make offers, as by displaying goods in a shop window".5 In Fisher v Bell 1960 "A shopkeeper displayed a flick knife with a price tag in a window. The Restriction of Offensive Weapons Act 1959 made it an offence to "offer for sale" a "flick knife". The shopkeeper was prosecuted in the magistrates' court but the justices declined to convict on the basis that the knife had not, in law, "been offered for sale".6 An advertisement can also be an invitation to treat, in the case of Partridge v Crittenden 1968 "It was an offence to offer for sale certain wild birds. The defendant had advertised in a periodical, "Quality Bramble finch cocks, Bramble finch hens, 25s each". His conviction was quashed by the High Court. Lord Parker CJ stated that when one is dealing with advertisements and circulars, unless they indeed ...
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