Human Trafficking in the U.S.A Essays

Human Trafficking in the U.S.A Essays Human Trafficking in the U.S.A Essay Human Trafficking in the U.S.A Essay Researched Argument Human trafficking is also called modern day slavery and is defined as holding someone illegally and against their will by form of deception and coercion and turning them into laborers and prostitutes without paying them. It is hard to believe that in the twenty first century, slavery still exists especially here at home and right under our noses. This has been an ongoing problem since the nineteenth century. A lot of people were trafficked into the United States and sold as slaves. Back then there were no laws that stated that it was illegal to traffic human beings and turn hem into slaves. It all starts with a walk through the park in a remote part of Mexico. A young girl named Paloma is taking a stroll to get away from all the stressors in her life. Her mother is very ill and they cannot afford to get her better medical treatment because they are very poor. They live in a shack in Mexico and Paloma has endured a lot of abuse and struggle in her short life there. She was born into poverty and has withstood a lifetime of struggle and this has made her develop a hardy personality. She believes she can face the challenges and come out stronger and better in order o be able to get her family out of indigence. Paloma is approached by an older gentleman who presents himself as an outstanding, prominent businessman with a lot of businesses across Mexico and the United States. He promises her a great escape from the impoverished life she has led. He promises her an education and a job which will help her pay back the money she would owe him for getting her to America. The sixteen year old lady is smitten by the offer and accepts it without even thinking twice. All she can think about is getting her family a better life than what they have been living. Her prince charming has emerged from nowhere and has come to save her. Little does Paloma know that when they arrive to the United States she is going to be a victim of human trafficking rather than the educated secretary that she thought she would be. She ends up being held captive for six months in a dinky apartment in a place that she cannot recognize and forced to submit to the mans demands and needs. Paloma ends up cooking, cleaning and being raped by her captor. He threatens her family with harm and takes all her documents in order to prevent her from escaping. Her prince charming has turned into a beast. During the turn of the century, human trafficking has become inhumane and a lot of people want to be free and live on their own means. Most of the captured slaves back in the day lived in their masters compounds and could not own anything or even have the right to vote. The creation of the 13th. Amendment which state that Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their Jurisdiction. , slavery has been formally abolished. The United States has reated a law to prevent and protect the victims like the Trafficking Victims Protection Act (TVPA) of 2000 which was signed into law by President Bill Clinton. According to Dr. Potocky who is a specialist in refugee resettlement, human rights, international social work, and research methodology TVPA focused on international trafficking, including reducing tr afficking globally, providing assistance to immigrant victims ot trafficking in the United States, and prosecuting traffickers (Potocky 373). Human trafficking has been a major social injustice and the United States must do more to ombat it because the laws are not being enforced properly, it is continuously increasing, and this is due to weak penalties. The TVPA was established in 2000 and was supposed to protect victims of human trafficking and it has yet to curb this crime. Also, statistics show that the number of victims has continuously increased since the mid-1990s and the number of convictions and arrests of traffickers has declined. There are thousands of people in this country who are still going through torture and abuse with no place to turn for help. Lack of enforcement. The TVPA has been amended four times in 2003, 2005, 2008 and 2011 but its pplication and adaptation has been a Joke. To support this claim, research shows that the government is worried about messing the relationship with other countries if they put stricter laws to combat trafficking. The government does not want to put it as number one in their political agenda. As the author Feingold asserts United States sanctions will likely be applied only against countries already subject to sanctions, such as Burma or North Korea (Feingold 30). This shows that the United States government is scared to threaten countries like China or Saudi Arabia because hey do not want to mess the political and economic relationship with them and are just willing to sanction the countries they do not get along with. The laws which are already in place like the TVPA are not strongly enforced making it easier for smugglers to get away with the crime. This is due to corrupt law officials, Judges and prosecutors. Human trafficking is a high profit 13 billion dollar organized crime industry according to a theological ethics professor, Tran. A lot of these criminals are rendering bribes to the officials and in return, they are getting their cases tossed out. So, instead of the police protecting and serving the victims as they are sworn in to do, they are associating with the traffickers and making money out of this crime. This kind of greed pushes way the victims and they get scared of approaching law enforcers to report this type of crime. The author Tran is surely right about the bribery because a lot of sources like Tran, Hodge and Kara have shown that a lot of trafficking crimes are being fuelled by corrupt people in politics and law enforcers. The victims are also scared for their lives because of constant threats and intimidation. Many victims believe that the police are corrupt individuals and are as scared of them as much as they are scared of their captors According to Hodge, an associate professor in the School of Social Work at Arizona State University and who has also written widely on social Justice, cultural diversity, and social inclusion, Another way to help protect women and children is to advocate for stricter penalties for traffickers and consistent enforcement of existing laws (Hodge 15). He asserts that in order to stop the act of human trafficking in the United States, the laws put forth need to be taken seriously and strongly enforced. Until this is done, the victims are going to keep on suffering in the hands of their captors without much or any help. To counter this argument, some research claims that the united states has thoroughly enforced the laws set forth to combat human trafficking. When it comes to human trafficking, the United States needs to amend stricter laws to combat it. This is because human trafficking has been on a steady rise since the 1990s until now. A though this is true that organized crimes are involved in human trafficking, it is nevertheless also true that it mostly involves simple, next door, disorganized criminals. According to Feingold who is a director of the Ophidian Research Institute and international coordinator for HIV/AIDS there is no standard profile on traffickers. They range from truck drivers and village aunties to labor brokers and police officers. (Feingold 28). The authors theory is useful because it sheds light on the fact that anyone can be a trafficker without being involved in a big gang. There are many people like the man who charmed Paloma who are regular people with smooth antics to lure people. Paloma was not kidnapped; she agreed to leave with the man voluntarily in hopes of bettering herself. Family members from destitute families also sell their children and spouses in order to get dowry to survive on. Feingold concedes that organized crime bosses like the late Pablo Escobar are not easy to find. Even if they are involved in human trafficking, they are most likely to be purchasers than transporters. There are a lot of factors that provide a breeding ground for traffickers by taking advantage of the desperate people. According to Kara who is an author, activist and one of the worlds foremost experts on modern day slavery and human trafficking, economic instability, lawlessness, corruption, war and poverty keep on romoting human trafficking. The people are prone to be victims because they are willing to listen to the criminals in hopes of having a better life but at the end they end up falling victims of modern slavery. On the other hand, the author Hughes who is a leading international researcher on human trafficking maintains that prosecution declined in the 1990s even as exploitation of women and children on the internet has increased (Hughes 121). This goes to show that Kara and Hughes both agree that human trafficking has been on the increase in the last decade and a half. To further support this claim, research on human trafficking has been done by some researchers but my best evidence comes from The Journal of International Migration. Authors Gozdziak and Collett are well known researchers who have reviewed existing literature on this topic and come up with startling facts about it. The article claims that there are a number of slippery statistics going on and they are all from the U. S State Department (Gozdziak et al 108). For years the government has been producing quoted estimates of the number of trafficked victims but they are not revealing the methods used to get the data. The numbers have been revised three times between the years of 1999 to 2003 and there is a significant difference in numbers. The surprising fact is that a lot of agencies both local and international are using this statistics instead of conducting their own independent research. Every time the Department of State gets questioned about the differences in numbers, they just say that it is improved methodology which is creating the differences without giving the exact way they come up with it. In the review done by Gozdiak and Collett the number of trafficking victims entering the United States has been revised at east three times: down from 45,000 to 50,000, a figure reached by the.. ClA) in 1999, to 18,000 to 20,000 victims reported in 2003, and even further down to 14,500 to 17,500 (Gozdziak et al 108). This goes to show that the government itself is not sure about its faulty statistics and research is also not backing them. In support of this claim, more research needs to be conducted to find out where the government gets their information. This is because most of the sources that are being used in this p aper do agree that the tgures 1 00 victims in the United States are basically unaccounted for. The author Potocky agrees that the methodology used by the State Department has not been detailed and that the estimates simply disappear from the departments annual report. None of the other sources have come forward and supported Gozdziak, Collett and Potockys claim that the data is incorrect and messy. Also the United States tends to concentrate more in protecting their borders than stopping prostitution and trafficking. They are more concerned with illegal immigrants getting their way into the country and amending stricter U. S immigration policies. While this is a good way to protect the country, the United States is not aking into consideration the fact that this is encouraging human trafficking. According to Tran Unfortunately, this focus on security works to the benefit of organized traffickers (Tran 3). By focusing on homeland security, the government overlooks the deeper issue of trafficking because the illegal immigrants end up putting themselves in the hands of smugglers and end up being snuck into the country and ending up as victims of trafficking. Those unfamiliar with human trafficking may be interested to know that it basically boils down to the counterargument of whether the United States has enough resources to combat uman resources. The truth is that the United States claims that it does not have enough financial resources to combat this type of crime. According to the Department of State website Through targeted foreign assistance, the TIP Office funds programs that address human trafficking, the act of obtaining or maintaining another person in compelled service. (Baca). The state has been looking for grants from other nations to help combat trafficking. When the grants are allocated, they hold a grant competition and different organizations compete for the money with the exception of for profit organizations. The organizations have asked for a total of 95 million dollars in funds but the state budget is only 750,000 dollars. With this kind of figures, how do we expect the United States to combat human trafficking? Another problem is the fact that the United States only convicts a small percentage of traffickers compared to the huge amount of victims here. Potocky agrees when she writes that When U. S attorneys decide to prosecute a. case, the conviction rate is very high: 96%. However, U. S attorneys decline to prosecute app 60% of cases (Potocky 375). She also asserts that between 2001 and 2007, there were 449 ederal prosecutions and 342 of them were human trafficking convictions. With this trend going on, the only conclusion is that there is a big problem with prosecution of the traffickers. Feingold supports Potockys claim by stating that from the year 2001 to the year 2003, 110 traffickers were prosecuted but only 77 pled guilty or were convicted. The reason that the trafficking convictions are so scarce also lies with the mindsets of the victims. According to Hodge, the victims are scared to testify against the attackers because most of the traffickers get out of Jail soon after their arrest. Author Davis who has been involved in the fight to end modern day slavery since 2003 when he became the Goodwill Ambassador for the organization Face to Face Bulgaria claims that tra ffickers are also very hard to track since they move their victims from one place to another.. Paloma on the other hand is a very lucky girl because she managed to escape her captor and is now in witness protection and lives here in America, fighting to rescue victims of human trafficking. Not everyone nas the chance to escape alive because it they are caught, death is the only choice they have. The United States needs to come up with other solutions to combat this heinous crime and some people have suggested legalizing prostitution. Some countries like Netherlands have legalized adult prostitution and the results have been a significant increase in child prostitution according to Hodge. The State Department agrees when they write that, Where prostitution is legalized or tolerated, there is a greater demand for human trafficking victims and nearly always an increase in the number of women and children trafficked into commercial sex slavery. (Feingold 28). So this is not a solution to the problem but Just adding fuel to he fire. Sweden has the Swedish Model which is a law that was put forth to combat trafficking. The law criminalizes the customers who buy sex instead of the prostitutes while in Thailand, they opt to extend labor and social security laws to the sex workers. Both countries have a large group that opposes and assert that these kind of laws will increase trafficking and criminals. The United States does criminalize people who sleep with prostitutes and also arrest any party involved in the act including the prostitutes themselves. Make human trafficking zero tolerance to where nyone caught trafficking or helping someone who is a trafficker is put away for good or handed hard labor. Educate the social workers and law enforcement officials on how to better detect victims of human trafficking. This is because there are a lot of victims who are being arrested and deported back to their prospective countries because they are mistaken for Just illegal immigrants. These victims are not given a chance to explain themselves because this is a very Judgmental country and Just your accent can make anyone suspicious. How many times have people been discriminated against because they looked different and talked different? We all live in a world which is unjust and unequal. People are Just marred by greed and end up forgetting the morals they were taught when young. The government is too busy with bad politics and covering their tracks instead of protecting its people, the laws of our country are becoming an abomination because of lack of enforcement. Young innocent girls like Paloma, peoples mothers, husbands, and children are being tortured and abused all in the name of making money. It is up to our country to establish better laws and enforce them strongly in order to end human trafficking. The government needs to make the laws so tough to the point where no one would want to break them. Instead of giving traffickers a year or five in prison, give them a lifetime sentence because they are denying other humans a right to freedom. Let everyone put themselves in Palomas shoes and think of what she went through. It is not only the government which should take steps to stop this atrocity but for all the citizens of this nation. Educate each other about the morals of society by holding informational meetings and inviting victims and task force members to speak at schools and other functions. Look out for the people who work around you and learn to identify a victim from how they behave. The victims can be the workers in the strip clubs you frequent, or a maid in a friends house or a dish washer in your favorite diner. Also, look out for those false front agencies, massage parlors and brothels which are set up to lure victims. With the community helping to combat human trafficking, the government should have the sense to amend stricter laws to end trafficking and put forth enough money to help the agencies which are working hard to end it . Let the modern day slavery come to an end betore you tall victim ot it ourself, it is a small world and what goes around, simply comes back around. You might escape it but what about your children. No one wants slavery to be legal again, so why should human trafficking be condoned? Baca D. Lou. FY 2014 solicitation. U. S Department of state. 17 oct. 2013. web. 10 Nov. 2013. Davis, Michael Cory. Human Trafficking. Hispanic 20. 8: 46-48. Academic search premier. sept. 2007. web. 25 sept. 2013. Feingold, David. Human Trafficking. Foreign Policy, No. 150: 26-30, 3230. Jstor. Aug. 2005. web. 28 sept. 2013. Gozdziak, M. Elzbieta. , and Elizabeth A. Collett. Research on Human Trafficking In North America: A Review of Literature. International Migration 43. 1/2 (2005): 99-128. Academic Search Premier. Web. 23 Sept. 2013. Hodge, David R. Sexual Trafficking In The United States: A Domestic Problem With Transnational Dimensions. Social Work 53. 2: 143-152. 2008. Academic Search Premier. Web. 24 Sept. 2013. Hughes, Donna M. Prostitution Online. Journal of Trauma Practice 2. 3/4: 115-131. Academic Search Premier. 2003. Web. 10 Nov. 2013. Kara, Siddharth. Supply And Demand. Harvard International Review 33. 2 (201 1): 66-71. Academic Search Premier. Web. 23 Sept. 2013. Potocky, Miriam. The Travesty of Human Trafficking: A Decade of Failed U. S. Policy. Social Work 55(4), 373-5. Proquest. Oct. 2010. Web. 29 Sept. 2013. Schiller, Ben. US Slaverys Diaspora: Black Atlantic History at the Crossroads of Race, Enslavement, and Colonisation. Slavery Abolition 32. 2: 199-212. Historical Abstracts. June 2011. Web. 13 Nov. 2013. Tran, Jonathan. Sold into Slavery. Christian century 124 (24): 22-6. SIRS Issues Researcher. 27 NOV. 2007 web. 24 Sep. 2013. loc. gov/rr/program/bib/ourdocs/13thamendment. html

bismarck vs. napoleon essays

bismarck vs. napoleon essays How do gender issues contribute to the conflict in Henrik Ibsens A Dolls House and Federico Garcia Lorcas The House of Bernarda Alba? Gender Issues play a major role in contributing to the conflicts of Henrik Ibsens A Dolls House and Federico Garcia Lorcas The House of Bernarda Alba. These gender issues are brought across by the portrayal of the women, the relationships between men and women, the isolation that is suffered by the female characters and how through all this they undergo a build up in character. All these factors contribute to an effective endings in both plays, where the central conflict of gender issues is brought to the forefront in a dramatic scene. When studying Henrik Ibsens A Dolls House and Federico Garcia Lorcas The House of Bernarda Alba, is important to note the portrayal of women through dialogue. A Dolls House focuses on the way that women are seen, primarily in the context of marriage and motherhood. It is strongly brought across that it is the sole duty of a woman to care for her children and to honor and obey her husband. Ibsen further aids this by the way in which he depicts the society his protagonist, Nora, has grown up in. Ibsen emphasizes how middle-class life for women indeed was; limiting, brutal and unforgiving. The society that is portrayed for the reader in A Dolls House appears to be an agreeable yet superficial one. It is brought across that however, that life in such a society comes at a price; one must comply with certain view points and obey certain rules of proper conduct, these are in many ways very limiting of freedom, extremely narrow and brutally enforced, if such rules are broken, it is unforgivable, as is evident at the plays ending. ...

Business strategy Essay Example | Topics and Well Written Essays - 2250 words - 2

Business strategy - Essay Example Disruptors also play a major role for gaining competitive advantages. Disruptors break old boundaries of business and implements new things into business. This case study describe about the rhetoric structure and disruptors of Ford Company. By managing knowledge effectively the Ford implemented a disruptor which created a competitive advantage for the company. The company’s different rhetoric structure contributed a lot to enhance its products and business process. Ford invented a very innovative technology which helped the company to design its one of best selling truck. The company used aluminium in a high quantity to make the body of truck. It became an important feature for the company for saving its cost. The competitor of Ford does not have such features in its product. It helped the company in many ways to gain its market. The case study chosen revolves around best-selling pick-up truck of Ford. Ford F-150 contributed majorly towards global profit margins of the company. The company gained competitive advantage through designing a vehicle of aluminium. This was a rare concept and helped in reducing fuel consumption rate to desirable extent. Automobile industry is a part of oligopoly market structure. This industry is dominated by big five players such as General Motors, Ford, Honda, Toyota and Chrysler. There are certain key objectives of Ford’s competitors which can be stated as acquiring maximum profit share, technological leadership, growth of market share and service leadership. Ford comprises of 8 brands – Ford, Volvo, Land Rover, Jaguar, Lincoln, Mazda, Mercury and Aston Martin. Differentiation techniques have been adopted by the organization in order to stay competitive in the market place. Safety, advanced technology and innovative designs are the basis of their competency set. P orter’s five forces model can be applied on Ford in order

Analyzing Management Strategies Research Paper Example | Topics and Well Written Essays - 1000 words

Analyzing Management Strategies - Research Paper Example The model of management as guided by the theory of TQM supports process ownership in a manner that cultivates team work and eliminates any forms of hierarchies that impede the quality of work through bureaucratic challenges and structural disconnection of the processes within the organization. It is important to consider the fact that some of the issues that attend to the processes of TQM depend on the nature of management and the organizational structure of the firm. On this score, the organization must manage its internal processes in a manner that cultivates harmony across the various processes. A distinguishing aspect of TQM is that it is related to the aspect of information sharing and process regulation (Oakland, 2000). All the distinct components in the supply chain are usually involved in the process for the purpose of enhancing the nature of information sharing and process management. On this score, it becomes important to consider some of the issues that attend to the manag ement of process within the level of management. A key advantage of TQM theory over other theoretical frameworks is that it is basically customer-centered. It actively brings the customer within the processes of the organization in order to capture the rhythms and essence of the market from the perspective of customer preferences, trends on the market, and the general nature of the market. In usual cases, these processes are meant to attract and retain customers through the provision quality services that ensure the retention of the customer base and the maintenance of the market segment. In essence, the processes of management is tailored on the need to develop a process that supplies the basic essence of management in a manner that harmonizes operations across the various processes that relate to issues of management. The theory of Total Quality Management could apply to various processes that regard matters of managerial dynamisms. An example of the areas where such processes cou ld apply is in the food and beverages industry. Total Quality Management requires the harmonization of processes in a way that ensures quality delivery of services and the satisfaction of the customers. The food and beverages industry is usually associated with high levels of risk and losses. By applying the theories of TQM, it becomes possible to regulate the processes in the food and beverages industry in a manner that aligns well with the processes of production, supply, management, and marketing. Companies such as McDonalds and other PepsiCo Inc usually apply the processes of TQM for the purpose of achieving optimum production, high levels of quality, and customer satisfaction. The various integrated processes in TQM usually work in ways that propel organizations towards high levels of profitability and growth. Some of the challenges that attend to the application of the theory of total quality management is that the nature of organizations has undergone significant shifts in st ructures and processes. The advent of globalization, liberalization, and the developments in the information, communication, and technology sector has redefined the working environment in ways that affect the process of integration,

1920s medicine Essay Example for Free

1920s medicine Essay The 1920s had many discoveries and innovations when it comes to medicine and science. Many of the things that we now take for granted were just getting their start during the 20s. Throughout the 1920s, new innovations in the medical and science field led to the discovery of vitamins and knowing more than ever before about the human body. New vital drugs and vaccines were created in this era that are hard to imagine not having today. The invention/discovery of the first anti-bacterial drugs saved more people from bacterial and viral infections than any previous time. Before the 1920s many medical conditions were untreatable or even deadly that we now consider to be easily cared for. Penicillin was one of the big medical discoveries of the 20s, the worlds first antibiotic. Penicillin was discovered by Alexander Flemming when he was examining mold and bacterial growth. This discovery opened up the possibilities for killing bacterial infections and without this many other medical innovations would not have occurred. Insulin was another major medical discovery in the 20s. Without this people with diebetes would not be able to properly treat their condition and thousands would die from a now treatable disorder. Various types of vitamins were also discovered in the 20s that help people today stay healthy. The medical field would not be what it is today if it wasnt for the research put in by people of the 1920s. Millions of lives were saved due to the medical discoveries that were made in the 1920s. Without Penicillin, there may have never been any antibiotics created and a bacterial infection would mean a slow death. Insulin saves those with diebetes lives daily and without it diebetes would be considered a deadly condition. Life just wouldnt be the same today if none of medical innovations of the 20s happened.

Gambling Addiction: Compulsive or Pathological Gambling Essay -- Compu

I am very interested in how a person could psychologically and physically feel the need to gamble. It interests me that a compulsion could turn into physical want and pain if the compulsion isn’t fulfilled. This could actually be classified as an addiction, which some people would also classify it as a disease. People gamble for many different reasons. Some people do it for the excitement in which it will make them feel a release of adrenaline. Another reason why some people do it is because they are very competitive and they want to feel the burst of energy that they would possibly get from beating other players or even the dealer. Another thing that pulls them in would be the risk of it all. They make a high dollar bet and the moments in between that bet being placed and the outcome send a thrill throughout their body, wondering what the outcome will be. Some people believe that if they gamble, they will be able to solve financial issues such as not being able to pay monthly bills, alimony, child support, foreclosure, etc. Other people find gambling can be a way that they run from stress and they feel that they don’t have the need to worry about life’s issues. With gambling being an addiction, people will make excuses as to why they do it. Gambling is a lot like drinking alcohol. Some people argue that doing any gambling, like drinking any alcohol, is a bad thing and will only lead to problems that will build up and become much worse. Other people argue that doing sensible gambling in moderation, like drinking in moderation, is perfectly acceptable and a safe thing to do. They do, however, have some rules that make the sensible gambling seen â€Å"okay† to them. Here are some of the rules. Some people believe that you need to sta... ...es you wish there was something more that you could do to help. It is hard for people to admit to having this problem so there are probably more people out there then we would ever know. Works Cited Foundation, M. H. (2011). Gambling. Retrieved from Mental Health Foundation: http://www.mentalhealth.org.uk/help-information/mental-health-a-z/G/gambling/ Health, W. (2009). Gambling. Retrieved from Women's Health: http://www.womens-healthcare.org/mental-health/gambling.html Jean Segal, M. S. (2013, July 13). Gambling Addiction & Problem Gambling: Warning Signs and How to Get Help. Retrieved from Helpguide: http://www.helpguide.org/mental/gambling_addiction.php Roxanne Dryden-Edwards, M. (2013, Novemeber 26). Gambling Addiction (Compulsive or Pathological Gambling). Retrieved from MedicineNet: http://www.onhealth.com/gambling_addiction/article.htm

Misrepresentation in Uk Law

A false statement made to induce a party to enter into a contract. Misprepresentation — if proved — renders a contract voidable (see: VoidableContract). Three (perhaps four) factors must be established to succeed in a claim of mispresentation. (i) there must be an unambiguous false statement of existing fact (or perhaps law); (ii) it must be addressed to the party misled; (iii) it must induce the contract; (iv) (perhaps) it must be material, that is, one which would induce a `reasonable man' to contract in those circumstances. Grounds for misrepresentation (i) There must be an unambiguous statement of existing fact.Since Kleinwort Benson v Lincoln CC (1991) it might be the case that a statement of law may also found a misrepresentation — although that case concerned resitutionary remedies for money paid under a mistake of law, rather than contract. Three classes of statement are generally not held to be representations: (a) `puffs', (b) opinions, and (c) intentio ns. (a) It can be difficult to distinguish a misrepresentation from a `puff', that is, an advertising or promotional statement which is not intended to be binding (Dimmock v Hallett (1866), in which it was representated that land was `fertile and improveable). b) A statement of opinion is not a representation (Bisset v Wilkinson (1927)) unless the opinion of the person making the representation has some special weight, e. g. , he or she is a professional employed to give such opinion (Esso v Mardon (1976)). (c) A statement of intention – if honestly held – cannot be a misrepresentation; however, my intention is a fact and it can be dishonestly represented — Edgington v Fitzmaurice (1885). (ii) The statement must be addressed to the person misled. (iii) The statement must induce the contract.It need not be the sole inducement (Edgington v Fitzmaurice (1885)). This test will fail when (a) the representee is actually unaware of the representation (Horsfall v Thomas (1862)), (b) the representee knows the statement is untrue, and (c) where the representee is patently unaffected by the statement. (c) is likely where the representee takes other steps to establish the validity of the statement (Atwood v Small (1838)). In general, the fact that the false statement could have been discovered with due diligence will not prevent it being concluded hat it induced the contract (RedgraveVHurd1881) but more recently it has been suggested that a misrepresentation does not induce where it would be highly reasonable to expect the representee to check the validity of the statements (SmithVEricSBush1990). (iv) (Perhaps) the statement must be `material', that is, one that would induce the contract in a reasonable man. Currently this criterion is doubted. Modern practice seems to be to incorporate this requirement into consideration of whether the misrepresentation did induce the contract.Types of misrepresentation Fraudulent misrepresentation This overlaps with the TortOfDeceit. The misrepresentation must be intentional and dishonest (DerryVPeek1888). Damages are not limited by remoteness (see CausationInNegligence). Rescission may be awarded. Negligent misrepresentation The misrepresentation was not intended to deceive, but nevertheless the defendant is in breach of a DutyOfCare to the claimant. Rescission may be awarded. Innocent misrepresentation The mispresentation was neither fraudulent nor negligent.In general, damages are not available, but rescission may be awarded. See also MisrepresentationAct1967. Misrepresentation Act (1967) s. 2(1) of this Act is extremely important for claimant seeking compensation for Misrepresentation. It has the effect of shifting the burden of proof from the claimant to the defendant; that is, if the claimant alleges that the defendant made a negligent misrepresentation, the onus is on the defendant to show that he had good grounds for believing the representation to be true.The Act also makes it possibl e for the court to award damages in misrepresentation cases, where Rescission would not be available. Another effect of the Act, or at least of the way the Act has been interpreted by judges, is to allow the claimant to recover not just forseeable losses, but all direct losses. This seems to follow from the wording — the Act says that a misrepresentation should be treated as deceitful, despite there being no dishonesty, unless the defendant can show that he was not negligent.It seem unlikely (to me at least) that the creators of the statute had in mind that damages for negligent misrepresentation should be as extensive as fraudulent misrepresentation, but there are a number of cases that suggest that judges don't see things the same way. rescission To rescind a Contract is to treat it as terminated, perhaps because one party is in breach (see: RepudiationOfContract), or because the contract is voidable (e. g. , for Misrepresentation). voidable contractUnlike a void contract ( see: VoidContract), whose legal status is as if it never existed, a voidable contract is one that remains in force until it is declared void by one of the contracting parties. For example, one of the parties may fraudulently misrepresent a service to be offered. The offended party may then declare the contract void and refuse to be bound by it (see: Contract). However, if goods are exchanged under the contract before it is voided, then title is passed. With a void contract no title passes, because effectively the contract never existed.