Sex And Disability An Open Minded Perspective From...

Rarely, do we find in society, the overlapping topic of sex and disability being discussed. In fact, it is hardly ever addressed because there is an underlying notion which seems to discourage such an open minded perspective from individuals. In fact, the topic of sexual intercourse itself is seemingly discouraged. However, why is that the case? Our society has been conformed to hold such restricted societal values; such that in a way, the desire for sex is shunned upon and confronted with negativity. There is also the implication of gender roles that ties into this subject. However, the subject becomes much more complex when the matter of disability ties in. Often times, those with disabilities are almost â€Å"hidden away† from topics such as†¦show more content†¦There is a discrete difference between the definition of sex and gender. Sex, is more so, the physical differences that is noted in the human anatomy. On the other hand, gender, more so addresses the ideali zed image that is often associated with the given sex. Women are â€Å"weak†. Men are â€Å"strong†. To further analyze and add on to this definition, in Rethinking Sex and Gender, Christine Delphy addresses the terms of which â€Å"the idea that gender is independent of sex has progressed.† She then goes on to state, â€Å"the aspect of ‘sex roles’ and sexual situations that are recognized to be socially constructed rather than biologically determined† (Delphy). The idea of sex roles has been socially constructed through our moral values, rather than it being biologically constructed. Yet, where do such sex roles attribute to those with long term disabilities? Often times, the physical or intellectual disability of individuals lead them to feel less of a boy or a girl. They feel like they don’t conform to the stereotypical image of the perfect male or female. There is a lack of association of being â€Å"feminine† or â€Å"mas culine† with their own identity. In 2014, a research was conducted of men with long- term conditions to study their feelings regarding their own identity. It was concluded that the â€Å"interviewees said that they want to be sexually active but feel as if their sexuality is ignored as they are ‘genderless’† (Learning Disability Practice).Show MoreRelatedThe Impact Of Employment Law On The Human Resources Arena927 Words   |  4 Pagesyears. However, treating people with respect and dignity is not a new concept. This biblical perspective focuses on Philemon. You may recall the plea Paul had for Onesimus in Philemon 1:8-9. In this passage, we hear about doing the right thing based on our love for one another. Forgetting the past and focusing on doing the right thing in the future is a key part of this lesson. Although we should learn from our past mistakes, it is important to use this information ethically and legally as we consultRead MoreWhat Is Wellness As A Quality And State Of Being Healthy1522 Words   |  7 Pagesdisease prevention program. Wellness programs have been incorporated into law in forms of exceptions to promote health and reduce costs associated with absenteeism, healthcare spending and insurance premiums. The author of the article â€Å"Critical Perspective on Wellness† published in Journal of health politics, policy and law in 2014, argues that today’s workplace wellness programs give provision for discrimination. Moreover, the Patient Protection and Affordable Care Act further facilitate discriminatoryRead MoreDefinition Of Wellness As A Quality And State Of Being Healthy1511 Words   |  7 Pagesdisease prevention programs. Wellness programs have been incorporated into law in forms of exceptions to promote health and reduce costs associated with abse nteeism, healthcare spending and insurance premiums. The author of the article â€Å"Critical Perspective on Wellness† published in Journal of health politics, policy and law in 2014, argues that today’s workplace wellness programs give provision for discrimination. Moreover, the Patient Protection and Affordable Care Act further facilitate discriminatoryRead MoreDemocratic Or Republican Essay1141 Words   |  5 PagesTexas from ten months for pursuing my further education. The place where I am currently dwelling i.e. 3225 West Walnut Hill Lane, Irving, Texas is numbered as district 16. 1 As per the research, I found that Don Huffines represents district 16 in the Texas senate. It is full of diverse population providing several opportunities to its citizens. 2 Around 846,307 people are living in district 16 in which 7.2% of the total population are below five years old, 17.1% belong to the age group from 5 to 17Read MoreThe Reality Of The Disabled1718 Words   |  7 PagesThe misconceptions about people who have disabilities and the sexuality of these people are what is sometimes the most disturbing in society. In the mainstream of society the disabled person is not viewed as a sexually capable person. Society has produced pictures and perceptions that are not conclusive with the actual state of sexuality within the disabled world of dating. It is easily noticed in the media and movies, as romantic roles are rarely given to the disabled, further making the perceptionsRead MoreNontraditional Casting944 Words   |  4 PagesNontraditional Casting Nontraditional casting is also known as colour-blind casting and integrated casting. Non-traditional casting is defined as the casting of ethnic minority and female actors in roles where race, ethnicity, or sex is not considered. Watching Hollywood movies, there is much diversity in a movie depending on what the genre is. Hollywood looks for actors that fit the physical and talent description directors are looking for. Hollywood work with what they only have, not based onRead MoreMy Journey Through My Life1521 Words   |  7 Pagesspecific individuals have all impacted my thinking. In the late 80’s I stayed in an all male residence {Field Hall} located on the Memorial University campus, a division of Queen’s College Anglican church. The academic aspect of university was a fraction of the complete university experience. Being an accepted and recognized member in our athletic residence was critical. Approximately 120+ people became your friends and part of your family. T he majority of the students were white Anglo-Saxons from ruralRead MoreCivil Rights in the United States1282 Words   |  6 Pagesleave us very narrow-minded? The media adds irrelevant detail to every situation. For example, a person’s race, which otherwise makes no difference, could be the topic of discussion while a news crew covers a crime. Another component to solving this dilemma is spreading word of a new set of civil rights to the next generation starting at a young age. If adults with young children start to tell their kids what is right and what is wrong, from a civil rights perspective, from a young age, they willRead MoreQueer : The Queer Nation Manifesto1973 Words   |  8 Pagessociety with regards to sexuality. The point of the Manifesto is to evoke a passionate response from the queer community by breaking free of the chains that repress any sexuality or sexual desire that is not heterosexual, and demanding to be treated just like any other member of the general public. The first step to fighting back is to â€Å"be proud. Do whatever you need to do to tear yourself away from your customary state of acceptance. Be free. Shout (Shout it!, Queer Nation Manifesto).† This isRead MoreDiversity Analysis And Reflection On Diversity Essay2454 Words   |  10 PagesThe purpose of reflecting on others diversity presentation is to allow us students to learn how we compare to others and how we differ from others in the aspect of the internal and external dimensions. This summary will reflect the dimensions of religion, sexual orientation/identity, and disability. Others presentations allow us to be informed on other perspective per these dimensions. Not any two people in the world are complet ely the same. Everyone goes through life differently and many times some

HIPPA and the Privacy of Medical Records Essay - 1349 Words

HIPPA and the Privacy of Medical Records Previously, healthcare information has been protected by state law. However, since this information crosses state lines, the need for federal protection has been warranted. In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA). HIPAA provides the first federal protection for the privacy of medical records (Burke Weill, 2005) HIPPA encourages the use of electronic medical record and the sharing of medical records between healthcare providers, because it can aid in saving lives. HIPAA requires that patients have some knowledge of the use of their medical records and must be notified in writing of their providers privacy policy. HIPAA has technical†¦show more content†¦With the increase in technology, it has become easy for physicians to transfer medical data via fax and computer. HIPAA encourages electronic transactions, but requires new guidelines to protect the security and confidentiality of health information. According to HIPAA, trans ferring patients medical data to anyone without consent is illegal. A major goal of the Privacy Rule is to assure that individuals health information is protected properly while allowing health information that is needed to provide a quality of service to people who need it. Although the healthcare field is diverse, the Rule is flexible and covers a wide range of uses and disclosures that need to be addressed (Burke Weill, 2005). In a large service-related Healthcare organization with the staff to patient ratio approximately 1:100, there is a greater threat by technology of breaching security records. Medical records include information about ones physical and mental being. They may contain information about ones relationship with family members, sexual behavior, drug or alcohol problems and HIV status ( Burke Weill, 2005). The confidentiality is threatened when the medical records information is put on the Internet, by use of telemedicine, and by the use of e-mail by healthcare workers. Although this is the fastest way to store and shareShow MoreRelatedMedical Professionals Should Always Value A Patient s Ethical Right833 Words   |  4 PagesMedical professionals should always value a patient’s ethical right to privacy and confidentiality. Under the HIPPA law, there are still concerns with the protection of patient privacy; therefore, healthcare professionals must confront the growing technological environment and find ways to increase access security, as well as discipline employees that violate a patient’s privacy. 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Jim Philips sends Memorial Hospital an original authorization that is signed and dated by Karen Munstrom. The authorization, addressed to your hospital, includes the dates of the records requested. The authorization does not state the type or subject of the information to be disclosed. The records of Ms. MunstromRead MoreThe Health Insurance Portability And Accountability Act817 Words   |  4 Pages This journal entry is a reflection of research on the Health Insurance Portability and Accountability Act (HIPPA). Enacted by Congress in 1996, HIPPA was created to â€Å"modernize health information exchange† (Solove, 2013). For the consumer, HIPPA sets rules which protect the privacy of health information, to be followed by health care providers and insurance companies. 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In august of 1996, the Health Insurance Portability and Accountability Act (HIPPA) were signed into law by President Bill Clinton (Physicians Billing Associates International, 2006). The HIPPA Act includes provisions for: †¢ Health insurance portability †¢ Fraud and abuse control †¢ Tax related provisions Read MoreThe Health Insurance Portability And Accountability Act1416 Words   |  6 Pagesand Accountability Act, or HIPPA, began in 1996 when a legal mandate was issue by Congress to protect the ethical principles and confidentiality of patient information (Burkhardt Nathaniel, 2014). Prior to this legislation, employees were not protected between jobs. Waste, fraud and abuse in health insurance and healthcare delivery was prevalent. The need to protect the rights of the patient was needed but also the Act contained passages to promote the use of medical savings accounts by introducingRead MoreHippa Violation1569 Words   |  7 PagesHIPPA Violation Sarah Joss Rasmussen College Author Note This research paper is being submitted on March 3th, 2013, for Milo Sampson’s M230/HSC2641 Section 04 - Medical Law and Ethics class. HIPPA Violation – Privacy Rule Thesis: Preventing violations of the HIPAA Privacy Rule greatly impacts any health care professional, specifically patient information as it relates to a pharmacy and its entire staff. Ever wonder what the acronym HIPAA stands for, how it relates to health care professionalsRead MoreThe Importance Of A Better Care System For The Modern Age Of E Health Within The Online Medical And Public Domains1514 Words   |  7 Pages HIPPA REQUIRED BY LAW Instructor: Laura Aagesen By Charles H Price Jr CTUonline.edu 04/18/2015 HIPPA REQUIRED BY LAW. Attention: all management staff and employees recently the corporate office contacted our offices in regards to CEO Chief Executive Officer Beranger, †HIPAA Health Information Portability and Accountability Act information request, she is requesting research information from us on the topic. Her plans include moving the health care organization toward the modernRead MoreAdministrative Ethics1083 Words   |  5 PagesSorensen HCS/335 August 19, 2012 Christine Singel Administrative Ethics Patient privacy is the responsibility of the medical organization that treats the patient. Patients have the right to have their medical issues kept private from people that do not need to know the information. The federal government has created the HIPPA policy to help medical organizations understand and follow rules to protect the privacy of the patients that come to the organization. It is important for the organization

Amidst the pages of Tennessee Williams play, A St Essay Example For Students

Amidst the pages of Tennessee Williams play, A St Essay Amidst the pages of Tennessee Williams play, A Streetcar Named Desire,countless opinions and themes can be speculated upon. This can be said asWilliams is noted for his great ability to create believable characters. Several themes present in Streetcar are the dependency on men, fragilityof women, and distorted senses of reality. One of the main characters,Blanche Dubois, plays a key role in the development of many of theserecurring themes. From the very beginning of the movie a very noticeable characteristicis apparent about Blanche Dubois. Looking to transfer onto the nextstreetcar she is aided by a young man. The pleased look on her face and herresulting manner makes known to the audience that she likes the attentiongiven by men. Following scenes then reveal just how much she seems to cravethe attention as well as affections of men. While comments draw Blanche Dubois as a nymphomaniac, it can be arguedthat perhaps her behavior was not necessarily so compulsive. In a letter toTennessee Williams theatre actress Jessica Tandy, who played Blanche, wrotein response to said argument. I have tried to make clear Blanches intricate and complicatedcharacter- her background- her pathetic elegance- her innatetenderness and honesty- her untruthfulness or manipulation of thetruth- her inevitable tragedy. (Costanzo 32)So with these traps it is emphasized to what lengths Blanche will goto capture a man. Having to put so much effort into her act also shows thedesperate need she has for the affections and ultimately the protection shefeels she will regain from being with a man. This is brought out even morein her relationship with Mitch. She sees him as an opportunity. Essentially, the homosexual affair of her husband and his subsequentsuicide, has shattered her sense of self-worth. Dave Huong in his analysisstates, She clung to the notion that if she can depend on someone, she canavoid the feeling of being unlovable, which she associated with beingsingle.Corresponding with Blanches issues of male dependency is therepresentation of her women as whole- as being fragile. From the outsetBlanche is portrayed as seemingly delicate, plagued by the tragic death ofher husband. The memory of that event affects her so deeply it weakens herphysically. After she suffers a barrage of questions from Stanley she says,I think Im going to be sick (Scene 4). Blanche herself even admits thatshe is worn out when she comments, I am soft. I am fading now. I dontknow how much longer I can turn the trick (Scene 16). Since her womans charm was her way of attracting men, the loss ofher youth and beauty no doubt signified the eventual demise of Blanche as apersona. At one point she urges her sister Stella (who equally dependent onmen) to leave Stanley and his abusiveness while she contacted her past beauShep Huntleigh for financial support (Sparknotes). Finally, once she isdiscovered of her numerous rendezvous with many men, Blanche goes intopractical hysterics when Mitch scathingly tells her, Youre not cleanenough to bring in the house with my mother (Scene 23). Being simplydependent on the kindness of strangers meant a total breakdown in herability to share true love with anyone and finally, her own sanity. Following Mitchs rejection Blanche is seemingly at a loss at what todo. Having put all her efforts in attaining a man to save her shes leftwith only her means of entrapment- illusion. Even before her mentalbreakdown Blanche thrives on her ability to deceive though at firstharmlessly. Blanche has survived all this years by being an impersonatorextraordinaire (Costanzo 72) She admits to Stanley once he is not overcomebuy her Hollywood glamour, I know I fib a great deal. After all, 50% ofa womans charm is illusion (Scene 5). It is interesting to note howinconsequential her lies are to her, by the way she describes with wordssuch as charm and fib.Along with using illusion as means to attract men she also uses it tolie to herself. Her practically obsessive desire to keep away from brightlights denotes her inability to accept truth, and certainly not to copewith it. Instead, she hides herself, just as she hides the light bulb inthe apartment with a lamp shade. In scene 11, her comment I c ant stand anaked light bulb, could be directed towards herself- she hates knowingwhat she has become, and so drapes herself in finery in hopes of disguisingher fall from grace. .u26892428ed1d91a3fb0e924140e86e1f , .u26892428ed1d91a3fb0e924140e86e1f .postImageUrl , .u26892428ed1d91a3fb0e924140e86e1f .centered-text-area { min-height: 80px; position: relative; } .u26892428ed1d91a3fb0e924140e86e1f , .u26892428ed1d91a3fb0e924140e86e1f:hover , .u26892428ed1d91a3fb0e924140e86e1f:visited , .u26892428ed1d91a3fb0e924140e86e1f:active { border:0!important; } .u26892428ed1d91a3fb0e924140e86e1f .clearfix:after { content: ""; display: table; clear: both; } .u26892428ed1d91a3fb0e924140e86e1f { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u26892428ed1d91a3fb0e924140e86e1f:active , .u26892428ed1d91a3fb0e924140e86e1f:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u26892428ed1d91a3fb0e924140e86e1f .centered-text-area { width: 100%; position: relative ; } .u26892428ed1d91a3fb0e924140e86e1f .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u26892428ed1d91a3fb0e924140e86e1f .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u26892428ed1d91a3fb0e924140e86e1f .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u26892428ed1d91a3fb0e924140e86e1f:hover .ctaButton { background-color: #34495E!important; } .u26892428ed1d91a3fb0e924140e86e1f .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u26892428ed1d91a3fb0e924140e86e1f .u26892428ed1d91a3fb0e924140e86e1f-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u26892428ed1d91a3fb0e924140e86e1f:after { content: ""; display: block; clear: both; } READ: Marketing research for augusti EssayHowever, Blanches world of pretend is not isolated- she involvesothers, and thus, her world cannot be sustained with their harsh realities. During her confrontation with Mitch, and once cornered, she makes an evenbolder confession. I dont want realism. I want magic! Yes, yes, magic! I try togive that to people. I misrepresent things to them. I dont telltruth, I tell what ought to be truth. And if that is sinful, then letme be damned for it . Completely devoted to her life of illusion and distorted reality,Blanche makes one of her stronger affirmations in the movie. In comparingBlanches total delusion with Stanleys insistent in naked truth Costanzosays:Throughout the movie we watch the fixed unglossed bestiality ofBrandos Stanley pitted against the ever-shifting faced of Blanche. Unlike the raw corporeality of Stanley, Leighs Blanche amorphouslydons a series of masks, as she conjures persona after persona, as sheconstructs character after character. (72)Blanche has survived this way, and as the woman with the flowers forthe dead chimes her imminent demise, she is trapped, no longer able to runfrom the truth. Then, acting as a catalyst, Stanley violates her with thetruth- she is helpless, and has not a prince on a white horse. All the points hence can, with some speculation, be consideredcredible themes to Williams A Streetcar Named Desire. And yet,still more will come about while the plays spectacular humanityendears itself to the kindness of strangers.

Introduction to Law Contract Essay Example

Introduction to Law Contract Essay Public, private, private members and hybrid bills are all forms of what eventually becomes primary legislation also referred to as an Act of Parliament. Like many proposed laws and law changes primary legislation starts life as a white paper, this is a statement of policy from the government. These white papers are often subject to scrutiny in the House of Commons before being introduced as a bill at the first reading. Once the bill has been introduced it will pass through both the House of Commons and the House of Lords for consideration. At the second reading it is open to debate but cannot be amended. If the bill is passed at this stage it then moves through a number of committees in the House of Commons whole house, standing and select committee. At these committees the bill can be debated and amended before moving onto the report and third reading stages. If approved at both of these stages the bill will then be presented to the Queen for Royal Assent. This is the final stage of law making and Royal Assent confirms the bill as an Act of Parliament and at this stage it becomes statute. Judges are required to apply primary legislation in court cases without exception, but can use their interpretation of the legislation where applicable. We will write a custom essay sample on Introduction to Law Contract specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Introduction to Law Contract specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Introduction to Law Contract specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Delegated legislation is a term used to describe laws and regulations made by authorised bodies or persons such as ministers or local authorities using powers bestowed on it by an Act of Parliament. Each item of delegated legislation is usually known as a statutory instrument but the Queen by Order in Council can make some delegated legislation. This is often the case in time of emergency i.e. to impose sanctions. Byelaws are made by delegated legislation but generally operate only in the locality of their creation. Delegated legislations can be challenged either in court through judicial review or as part of the defence. One of the reasons to challenge may be because the legislation is deemed to be ultra vires, or beyond the powers of the body or institution that passed the legislation originally. Judicial precedent is the process by which judges can use the decisions of previous cases as the authority for the basis of their decision, as long as there is sufficient likeness in the facts. There are some key principles that should be followed when using judicial precedent. All courts are bound to follow the decisions of a higher court. This is known as stare decisis to stand by the decided. The binding principle of judicial precedent is ratio decidendi the reason of the decision. This is a statement by the judge of the legal principles being applied in the case and it is only this statement that gives ratio decidendi. If there has been no previous precedent set then a judge may declare the law and an original precedent is set. This may then be used in later cases as the precedent. Legislation formed in the European Community comes in the form of regulations and directives made by the Council of Ministers of the EU made up of government ministers from member states or the Commission, which is made up of senior officials from the member states. EU Legislation focuses on a wide range of issues such as trade, agriculture, social policy, employment and the environment. European Union legislation drawn up by a member of the European Parliament and is proposed by the Commission before being discussed and voted on by the Parliamentary committee. Sensitive issues such as agriculture, social policy and taxation need to be agreed unanimously by the Council of Ministers in order to be passed but a system known as Quality Majority Voting is used to decide the majority of issues. Each member state has an allocation of votes according to its size and population. As long as at least half of the member states and at least half of the EU population are in agreement, the legislation can be passed. Issues decided by unanimity do not need to be agreed by the European Parliament but its advice can be sought and in some instances the legislation cannot be passed until the advice or opinion of the Parliament has been sought. The European Communities Act 1972 gives the UK governing party the ability to change existing legislation to reflect new European legislation. All of the forms of law previously mentioned are intrinsically linked in various ways. When a judge is presiding over a case in a UK court he must absolutely abide by primary legislation as this the highest form of law in the land. Coupled with this he must consider delegated legislation but the ability to challenge is available if the legislation is considered to be outside the jurisdiction of the body or institution that created the legislation in the first place. This is known as ultra vires. Depending on the level of the courts hierarchy at which the case is being heard, judicial precedent can come into effect if the material facts of the case being heard are close enough to that of a previous case in which a judgement has been set. An inferior court in the hierarchy must abide by the decision made previously if it was made in a superior court. Alternatively, if the precedent was set in an inferior court to the current one, the judge may make a new decision and this becomes the new precedent for future use. The European Communities Act 1972 gives the UK government the ability to change existing legislation to reflect new European legislation or to ensure that any areas of incompatibility are aligned. This effectively means that all European regulations and directives can be considered in a UK court of law and so sit alongside all UK legislation. Distinguish between an offer and an invitation to treat. An offer can be described as a statement by which the offeror (person making the offer) promises to be bound so long as the terms of the offer are accepted by the offeree (person accepting the offer). When an individual or a company makes an offer it can be made to another individual, a group of persons or to absolutely anyone in the world (Carlill v Carbolic Smoke Ball Co Ltd (1893)). In simple terms, an offer is predominantly in the form of a question Will you buy this item for à ¯Ã‚ ¿Ã‚ ½xx? A positive decision made by an individual to pay the stated price for the item results in an acceptance of the offer and therefore a contract is formed. However, this is not always the case. In some cases an offer is preceded by an invitation to treat. An invitation to treat is the initial stage at which an individual or a company (invitor) indicate that they are willing to enter into a contract or agreement but that the terms of that contract or are yet to be determined. Some of the ways in which the invitor can invite offers include:- 1. Displays of goods in stores this merely shows what items are available and on which offers can be made (Pharmaceutical Society of GB v Boots Cash Chemists Ltd (1952)). 2. Advertising the advert is acting as a shop window to all intents and purposes. As the advertiser may only have a finite amount of stock they could only possibly have intended the advert to be an invitation to treat (Partridge v Crittenden (1968)). Where the advertiser is making a promise, such as a reward, this could be classed as a unilateral agreement and therefore distinguished as an offer as no further negotiation is intended (Carlill v Carbolic Smoke Ball Co Ltd (1893)). 3. Tenders a tender is an invitation to provide goods or services for a price. The person or persons inviting the tenders will then choose a bid that suits their requirements. Until the person inviting the tender has made a decision to accept a tender there is no contract formed (Spencer v Harding (1870)). 4. Auctions the lots or items displayed are the invitation to treat. Any bids made by individuals or companies are offers and the auctioneer may decide to accept or reject such offers (Payne v Cave (1789)). In summary, an offer is a promise by an offeree to enter into a binding agreement, assuming all terms specified by the offeror are accepted. An invitation to treat is the stage prior to an offer in most cases and simply shows willingness by the invitor that they are prepared to enter into negotiations, which may or may not lead to an offer and subsequent acceptance. When two parties have come to a contract or rather what appears, on the face of it, to be a contract the fact that one party is mistaken as to the identity of another does not mean that there is no contract, or that the contract is a nullity and void from the beginning, per Lord Denning MR in Lewis v Averay (1972). How far is the above statement a true reflection of the law? In order to claim a case of mistaken identity there must be at least one of two principles proven. Firstly, the party alleging the mistake must show that he has confused the other party with someone else. In addition, he must be able to show that he had a reason to wish to deal with the intended person. Secondly, the party alleging the mistake must be able to show that he had made reasonable attempts to establish the identity of the party with whom they were intending to form a contract. For a contract to be voided void ab initio, from the beginning, it must be rescinded before the rogue passes the property on to a third party. If this is not the case then the rogue has good title to the property and can pass on the property with good title. In the case of Lewis v Averay (1972) the identity of the rogue was not apparent until after the attempted cashing of the cheque so the rogue had good title throughout the transaction (Phillips v Brooks (1919). The only way Lewis could have voided the transaction would have been to inform the police that the fraud had taken place prior to the goods being passed on and that would have rendered the contract voided. Had Lewis taken further steps at the outset to establish the identity of the rogue he may have been successful in his claim (Ingram v Little (1960)). According to Lord Denning MR in Lewis v Averay (1972), Mr Lewis was only questioning the creditworthiness of the rogue when asking him for identification and therefore the contract was already formed and valid. Receipts had been written and exchanged, along with the cheque. The issue of the identity of the rogue only came to light when Lewis tried to cash the cheque. Because the contract was not voided prior to the property changing hands, the third party (in this case Averay) has acquired good title to the property (Phillips v Brooks (1919)). Had the rogue not sold the property on to a third party the contract would have been between the rogue and Lewis so therefore the contract would have been voidable for fraudulent misrepresentation (Lake v Simmons (1927)). This area of the law is subject to debate among many judges but they all do seem to agree that the case of mistaken identity is classed as a unilateral mistake and the effect on the contract is to void it. However, this only true when the person who makes the mistake was actually intending to form a contract with a specific person and for a specific reason (Cundy v Lindsay (1878)). When the person makes a mistake about the identity of the person in his presence (whether misrepresented or not) but was willing to form a contract with the person in his presence, then the law states that the contract is valid (Phillips v Brookes (1919) Lewis v Averay (1972)).