" Firstly, we need to understand what is considered an offer. Based on Section 2(a) of the Contract Act 1950, "When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal." (All Answers Ltd, 2022). The keyword here is "willingness to do or to abstain". Invitation to treat on the other hand can be seen as an attempt to invite the public to make an offer. This part of the contract law must fulfill few criteria: offer, acceptance, consideration, intention, capacity (age & mental), and legality (must not be illegal). An example of an offer would be: Person Adecides to sella plot of land forRM100,000toperson B, and person Bdecides to purchasethatsame plotof land fromperson A.

An example of an invitation to treat would be: Company Aproduces an advertisementandpromotes itvia its storefrontunilaterallyfor all to see. Customers who view it are thenconsidered as an invitation to treatas they caneither purchase or not purchasethe product from Company A.

An example of a case study isCarlill v. Carbolic Smoke Ball Co.In this case, Carbolic Smoke Ball (defendant) promoted their product to being able to prevent the influenza if consumer uses it and would pay 100 pound if otherwise. Carlill (plaintiff) saw the advertisement, purchased, used the product and still caught the influenza, and ultimately sued Carbolic Smoke Ball Co. The court decided to upheld the plaintiff's entitlement to the 100pound as the court acknowledged that the defendant's advertisement is unilaterally an invitation to offer, fulfilling all the criteria of a contract law (additional information below). (More, 2019)"

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