An invitation to treat

An invitation to treat is distinct from an offer in that it is an indication of one party’s willingness to negotiate a contract but not the acceptance thereof.

Two examples of an invitation to treat are:

1. A tender requesting proposals to be lodged.
2. Goods being offered for sale in a store window.

In point 2, the store is not obliged to sell the goods to anyone who is willing to pay for them, and may refuse custom.