Implied Invitation Law & Legal Definition


Implied invitation is an act of the owner or occupant of premises, or of someone else with his permission, which he knows, or reasonably should know, may give rise to the belief, in a mind of a person ordinarily discerning, that the owner or occupant intended such person to come upon the premises.

The following are examples of case law referring to implied invitation:

The phrase "implied invitation," in its real value and significance, imports knowledge by a defendant of the probable use by a plaintiff of the defendant's property so situated and conditioned as to be open to, and likely to be subjected to, such use. [Lepnick v. Gaddis, 72 Miss. 200 (Miss. 1894)].

Implied invitation is part of the law of negligence by which an obligation to use reasonable care arises from the conduct of the parties; its essence is that the defendant knew or ought to have known that something that he was doing or permitting to be done might give rise in an ordinarily discerning mind to a natural belief that he intended that to be done which his conduct had led the plaintiff to believe that he intended. [Black v. Central R. Co., 85 N.J.L. 197 (E. & A. 1913)].

"The rule of implied invitation may be stated as follows: invitation, as distinguished from mere license, is implied by law only when the visitor comes for some purpose connected with the business in which the owner or occupant is there engaged, or which he permits there to be carried on, and there must be some real or supposed mutuality of interest." [Peebles v. Exchange Bldg. Co., 15 F.2d 335, 337 (6th Cir. Tenn. 1926)].