In reference to Partridge v Crittenden [1968] serving as

In reference to Partridge v Crittenden 1968 serving
as an example, where no offer for sale was made in the advertisement. Considering
that normally a substantial agreement should account for the proposed offer
which is agreed upon. The general rule of advertisement is usually an
invitation to negotiate, not an offer to sell. However, it was stated obiter
that if an advertiser was a manufacturer there could be an offer for sale since
as a manufacturer he could have unlimited supplies. This general rule about
advertisements does not apply to unilateral offers with Carlill v Carbolic Smoke
Ball Co 1893 being the leading case in which the advertisement of reward for
performance of specific act was found to be an offer because intention to be
bound was demonstrated by the deposit and certainty of language in the
advertisement. Unilateral offer can be made to an identified individual (Great
Northern Railway Co. v Witham 1873) or to public at large or particular class
of persons (Poole, 2006, p. 78). For an advertisement to be a unilateral offer
the intention to be bound should be sufficiently clear, the example of which
can be American authority of Lefkowitz v Great Minneapolis Surplus Store
1957, where the reference to the goods in question was sufficiently “clear,
definite and explicit” and demonstrated an unambiguous and clear intention to
be bound. A unilateral offer can be accepted by a complete performance of
requested act (see Bowerman v ABTA Ltd 1893, O’Brien v MGN Ltd 2001) (Poole,
2006, p. 44), and it should be clear what act is required (American case, John
Leonard v Pepsico 1999). Performance of the requested act is seen both as an
acceptance and consideration (Daulia Ltd v Four Millbank Nominees Ltd 1978)
with offeror entitled to require full performance of condition (Poole, 2006, p.

79) with promise to perform the requested act being not sufficient (Carlill v
Carbolic Smoke Ball Co 1893).

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