invitatum

Invitatum is a Latin term that translates to "invited" or "bidden." In a legal context, it is often used to refer to the concept of an invitation to treat, which is a preliminary step in contract formation. An invitation to treat is not an offer that can be accepted to create a binding contract. Instead, it is an expression of willingness to negotiate or to receive offers.

Examples of invitations to treat include advertisements, shop displays, and price lists. When a shop displays goods with prices, it is inviting customers to make an offer to buy those goods at the displayed price. The shopkeeper is then free to accept or reject that offer. Similarly, a general advertisement for goods or services is typically an invitation to treat, allowing the advertiser to decide whether to enter into a contract with potential buyers.

The distinction between an offer and an invitation to treat is crucial in contract law. An offer is a definite proposal that, if accepted, creates a legally binding agreement. An invitation to treat, however, merely opens the door for further negotiation and the potential making of an offer. This distinction helps to prevent unintended contractual obligations, particularly in situations involving mass advertising or widely displayed goods. The legal system uses this concept to ensure clarity and certainty in commercial dealings.