Arad Reisberg
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199204892
- eISBN:
- 9780191709487
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204892.003.0007
- Subject:
- Law, Company and Commercial Law
This chapter is concerned with costs and fees in derivative actions in the context of incentives for such litigation. It explores the critical role of costs and fees in initiating and maintaining ...
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This chapter is concerned with costs and fees in derivative actions in the context of incentives for such litigation. It explores the critical role of costs and fees in initiating and maintaining derivative actions. Section 6.2 briefly explicates the economics of derivative action litigation. As part of this, the US rules on derivative action fees are examined. After rehearsing the common law recognition of the problems of the impecunious shareholder in the form of indemnity costs orders, Section 6.3 exposes major flaws in the operation of these orders. In response, possible solutions to rectify the funding problem are examined and assessed in the next chapter. Section 6.4 concludes.Less
This chapter is concerned with costs and fees in derivative actions in the context of incentives for such litigation. It explores the critical role of costs and fees in initiating and maintaining derivative actions. Section 6.2 briefly explicates the economics of derivative action litigation. As part of this, the US rules on derivative action fees are examined. After rehearsing the common law recognition of the problems of the impecunious shareholder in the form of indemnity costs orders, Section 6.3 exposes major flaws in the operation of these orders. In response, possible solutions to rectify the funding problem are examined and assessed in the next chapter. Section 6.4 concludes.
COLIN NEWBURY
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199257812
- eISBN:
- 9780191717864
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199257812.003.02
- Subject:
- History, World Early Modern History
From 1858, Company action in Bengal transformed, over the following half century, a maritime agency into a land power on the sub continent. The Presidencies of Calcutta, Madras, and Bombay interacted ...
More
From 1858, Company action in Bengal transformed, over the following half century, a maritime agency into a land power on the sub continent. The Presidencies of Calcutta, Madras, and Bombay interacted with neighbouring states in ways that resulted in the subordination of their Muslim or Hindu rulers or uneasy co operation. Such relationships were never static, as treaties defining commercial privilege, payment for troops, debt recovery, were made and broken. Assignments of territory by states re-shaped internal boundaries and demarcated territories under Company control and influence. From the mid-18th century, India was imperially partitioned by using clientage to build up a network of Hindu officials and manage land revenue and tribute, and to extend by force and by alliance Company power along the upper Ganges. The symbol of this reversal of roles was the Mughal Emperor's transfer of state finances and external relations to a governor-general of ‘British India’.Less
From 1858, Company action in Bengal transformed, over the following half century, a maritime agency into a land power on the sub continent. The Presidencies of Calcutta, Madras, and Bombay interacted with neighbouring states in ways that resulted in the subordination of their Muslim or Hindu rulers or uneasy co operation. Such relationships were never static, as treaties defining commercial privilege, payment for troops, debt recovery, were made and broken. Assignments of territory by states re-shaped internal boundaries and demarcated territories under Company control and influence. From the mid-18th century, India was imperially partitioned by using clientage to build up a network of Hindu officials and manage land revenue and tribute, and to extend by force and by alliance Company power along the upper Ganges. The symbol of this reversal of roles was the Mughal Emperor's transfer of state finances and external relations to a governor-general of ‘British India’.
Michael Lobban
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258826
- eISBN:
- 9780191705168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258826.003.0016
- Subject:
- Law, Legal History
This chapter on the law of insurance in the 19th century covers the development of insurance, the principle of indemnity and the insurable interest, the formation of insurance policies, and claims on ...
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This chapter on the law of insurance in the 19th century covers the development of insurance, the principle of indemnity and the insurable interest, the formation of insurance policies, and claims on the policy.Less
This chapter on the law of insurance in the 19th century covers the development of insurance, the principle of indemnity and the insurable interest, the formation of insurance policies, and claims on the policy.
Marc Flandreau
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199257867
- eISBN:
- 9780191601279
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199257868.003.0009
- Subject:
- Economics and Finance, Economic History
Chapter 8 analyses the end of bimetallism. It shows that the conventional view of an inescapable collapse is not founded. France, endowed with a large share of the gold output of the 1850s and 1860s, ...
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Chapter 8 analyses the end of bimetallism. It shows that the conventional view of an inescapable collapse is not founded. France, endowed with a large share of the gold output of the 1850s and 1860s, had enough gold to weather the modestly rising silver output of the 1870s and 1880s. It had also enough gold to resist to Germany's decision to adopt a gold standard in the early 1870s. Failure of international cooperation, it is argued, is what caused the emergence of the gold standard.Less
Chapter 8 analyses the end of bimetallism. It shows that the conventional view of an inescapable collapse is not founded. France, endowed with a large share of the gold output of the 1850s and 1860s, had enough gold to weather the modestly rising silver output of the 1870s and 1880s. It had also enough gold to resist to Germany's decision to adopt a gold standard in the early 1870s. Failure of international cooperation, it is argued, is what caused the emergence of the gold standard.
Thomas Docherty
- Published in print:
- 1996
- Published Online:
- October 2011
- ISBN:
- 9780198183570
- eISBN:
- 9780191674075
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198183570.003.0008
- Subject:
- Literature, Criticism/Theory
This chapter is concerned with the visual art of cinema in relation to alterity and postmodernism. It examines the relation of narrative space to narrative time in cinema and argues that there is a ...
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This chapter is concerned with the visual art of cinema in relation to alterity and postmodernism. It examines the relation of narrative space to narrative time in cinema and argues that there is a certain tendency in contemporary cinema to resist the internal implications of cinema itself: there is a resistance to cinematic culture within cinema. It first considers the explicit postmodernism of contemporary cinema, and concentrates on the particular example of Wim Wenders's Paris, Texas. It then turns to the (non)genre of film noir to explore the resistance of cinema to a conservative ‘containment’, taking the example of Billy Wilder's Double Indemnity.Less
This chapter is concerned with the visual art of cinema in relation to alterity and postmodernism. It examines the relation of narrative space to narrative time in cinema and argues that there is a certain tendency in contemporary cinema to resist the internal implications of cinema itself: there is a resistance to cinematic culture within cinema. It first considers the explicit postmodernism of contemporary cinema, and concentrates on the particular example of Wim Wenders's Paris, Texas. It then turns to the (non)genre of film noir to explore the resistance of cinema to a conservative ‘containment’, taking the example of Billy Wilder's Double Indemnity.
Ronald Hutton
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198203926
- eISBN:
- 9780191676048
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203926.003.0008
- Subject:
- History, British and Irish Early Modern History, History of Religion
For over a century, the term ‘Restoration Settlement’ has been used to denote the legislation of 1660–2. Yet it is a misnomer, for there were two settlements in these years, of different character ...
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For over a century, the term ‘Restoration Settlement’ has been used to denote the legislation of 1660–2. Yet it is a misnomer, for there were two settlements in these years, of different character and produced by different groups of men working in different circumstances. This chapter discusses the first settlement. The legal procedure of the first settlement carried on alongside the changes in personnel and to both government and Parliament the most important part of this was the Bill of Indemnity and Oblivion.Less
For over a century, the term ‘Restoration Settlement’ has been used to denote the legislation of 1660–2. Yet it is a misnomer, for there were two settlements in these years, of different character and produced by different groups of men working in different circumstances. This chapter discusses the first settlement. The legal procedure of the first settlement carried on alongside the changes in personnel and to both government and Parliament the most important part of this was the Bill of Indemnity and Oblivion.
Greg Gordon, John Paterson, and Emre Usenmez (eds)
- Published in print:
- 2010
- Published Online:
- May 2015
- ISBN:
- 9781845861018
- eISBN:
- 9781474406239
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861018.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This highly successful bookbrings together academic and practicing lawyers to consider the key legalissues facing the United Kingdom as it becomes a progressively more mature hydrocarbon province. ...
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This highly successful bookbrings together academic and practicing lawyers to consider the key legalissues facing the United Kingdom as it becomes a progressively more mature hydrocarbon province. The book, now in its second edition, considers and analyses the petroleum licence and fiscal regime. It also discusses the offshore oil industry’s dedicated regulatory regime (health and safety and environmental regulation are both considered, alongside the decommissioning regime on the United Kingdom Continental Shelf) as well as considering the key commercial and contractual issues facing the industry after forty years of oil and gas production on the UKCS.Less
This highly successful bookbrings together academic and practicing lawyers to consider the key legalissues facing the United Kingdom as it becomes a progressively more mature hydrocarbon province. The book, now in its second edition, considers and analyses the petroleum licence and fiscal regime. It also discusses the offshore oil industry’s dedicated regulatory regime (health and safety and environmental regulation are both considered, alongside the decommissioning regime on the United Kingdom Continental Shelf) as well as considering the key commercial and contractual issues facing the industry after forty years of oil and gas production on the UKCS.
Anthony James Joes
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9780813126142
- eISBN:
- 9780813135588
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813126142.003.0002
- Subject:
- Political Science, International Relations and Politics
China is a civilization pretending to be a state. Its population was reduced from approximately 410 million in 1850 to 350 million in 1873, because of rebellions and civil wars in the middle of the ...
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China is a civilization pretending to be a state. Its population was reduced from approximately 410 million in 1850 to 350 million in 1873, because of rebellions and civil wars in the middle of the nineteenth century: Taiping, Nien, Muslim, and others. China suffered all the penalties of colonialism without any of the benefits. The contrast between a burgeoning Japan, with the might and prestige of its booming industries and modern armed forces, and a decrepit China, economically backward and militarily feeble, astounded and humiliated a whole generation of young Chinese. By 1900, debts and indemnities to foreign states consumed between one-quarter and one-third of Chinese government revenues.Less
China is a civilization pretending to be a state. Its population was reduced from approximately 410 million in 1850 to 350 million in 1873, because of rebellions and civil wars in the middle of the nineteenth century: Taiping, Nien, Muslim, and others. China suffered all the penalties of colonialism without any of the benefits. The contrast between a burgeoning Japan, with the might and prestige of its booming industries and modern armed forces, and a decrepit China, economically backward and militarily feeble, astounded and humiliated a whole generation of young Chinese. By 1900, debts and indemnities to foreign states consumed between one-quarter and one-third of Chinese government revenues.
Guy Rowlands
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199585076
- eISBN:
- 9780191744600
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199585076.003.0011
- Subject:
- History, European Modern History, Economic History
After 1701 French finances were dominated in an unprecedented way by men associated directly with the war effort. Although grand theft was far harder to pull off than half-a-century earlier, there ...
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After 1701 French finances were dominated in an unprecedented way by men associated directly with the war effort. Although grand theft was far harder to pull off than half-a-century earlier, there were still considerable opportunities for gain, sometimes illicit, in the business of military pay and supplies. Volatile bearer bills could be parcelled out to unfortunate army officers and lesser suppliers, while the increased volume and tradability of financial instruments brought greater opportunities for speculation and ramping up the price of contracts. The most favoured financiers and suppliers were also heavily indemnified and protected against losses arising from financial instruments and state-related debts. In an early example of a military-industrial complex, some of these men even managed to penetrate the government as second-tier ministers, where they promoted their own interests, pushing the government into damaging policies and contracts that further increased the cost of the War of the Spanish Succession.Less
After 1701 French finances were dominated in an unprecedented way by men associated directly with the war effort. Although grand theft was far harder to pull off than half-a-century earlier, there were still considerable opportunities for gain, sometimes illicit, in the business of military pay and supplies. Volatile bearer bills could be parcelled out to unfortunate army officers and lesser suppliers, while the increased volume and tradability of financial instruments brought greater opportunities for speculation and ramping up the price of contracts. The most favoured financiers and suppliers were also heavily indemnified and protected against losses arising from financial instruments and state-related debts. In an early example of a military-industrial complex, some of these men even managed to penetrate the government as second-tier ministers, where they promoted their own interests, pushing the government into damaging policies and contracts that further increased the cost of the War of the Spanish Succession.
Gordon Greg
- Published in print:
- 2010
- Published Online:
- May 2015
- ISBN:
- 9781845861018
- eISBN:
- 9781474406239
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861018.003.0014
- Subject:
- Law, Constitutional and Administrative Law
Many oil and gas contracts depart quite radically from the law’s basic assumptionsabout where liability should fall following a breach of contract or a negligent act. Put shortly, the oil industry is ...
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Many oil and gas contracts depart quite radically from the law’s basic assumptionsabout where liability should fall following a breach of contract or a negligent act. Put shortly, the oil industry is often less interested in fault than in economic efficiency and uses its contracts to re-organise prospective liabilities accordingly. This chapter outlines the risk allocation practices adopted by the industry in the UK. It focusses mainly upon indemnity and hold discusses harmless provisions, but also notes the industry’s use of exclusions of consequential loss and liability caps. In addition to describing these practices, the chapter addresses the reasons for their development and the practical and legal challenges to their use.Less
Many oil and gas contracts depart quite radically from the law’s basic assumptionsabout where liability should fall following a breach of contract or a negligent act. Put shortly, the oil industry is often less interested in fault than in economic efficiency and uses its contracts to re-organise prospective liabilities accordingly. This chapter outlines the risk allocation practices adopted by the industry in the UK. It focusses mainly upon indemnity and hold discusses harmless provisions, but also notes the industry’s use of exclusions of consequential loss and liability caps. In addition to describing these practices, the chapter addresses the reasons for their development and the practical and legal challenges to their use.
GENE D. PHILLIPS
- Published in print:
- 2009
- Published Online:
- September 2011
- ISBN:
- 9780813125701
- eISBN:
- 9780813135403
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813125701.003.0011
- Subject:
- Film, Television and Radio, Film
Witness for the Prosecution began its artistic life as a short story that Agatha Christie published in 1933 in Britain in a volume titled The Hound of Death. The story was published in the United ...
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Witness for the Prosecution began its artistic life as a short story that Agatha Christie published in 1933 in Britain in a volume titled The Hound of Death. The story was published in the United States in 1948 in the collection Witness for the Prosecution. When the story turned into a play, it was a smash hit, running for 646 performances; it won the New York Drama Critics' Circle award for best foreign play. Independent producer Edward Small purchased the screen rights for this story at a high price. Small hired Billy Wilder to cowrite the screenplay and direct the picture. Wilder was interested in filming a Christie mystery because he had read her work over the years. Witness for the Prosecution resembles Double Indemnity in that it possesses the fascination of a hair-raising tale told by the tabloids.Less
Witness for the Prosecution began its artistic life as a short story that Agatha Christie published in 1933 in Britain in a volume titled The Hound of Death. The story was published in the United States in 1948 in the collection Witness for the Prosecution. When the story turned into a play, it was a smash hit, running for 646 performances; it won the New York Drama Critics' Circle award for best foreign play. Independent producer Edward Small purchased the screen rights for this story at a high price. Small hired Billy Wilder to cowrite the screenplay and direct the picture. Wilder was interested in filming a Christie mystery because he had read her work over the years. Witness for the Prosecution resembles Double Indemnity in that it possesses the fascination of a hair-raising tale told by the tabloids.
GENE D. PHILLIPS
- Published in print:
- 2009
- Published Online:
- September 2011
- ISBN:
- 9780813125701
- eISBN:
- 9780813135403
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813125701.003.0019
- Subject:
- Film, Television and Radio, Film
Billy Wilder certainly did his part to enrich American cinema. He learned during his long career in Hollywood that a director had to work hard not just to achieve artistic independence but also to ...
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Billy Wilder certainly did his part to enrich American cinema. He learned during his long career in Hollywood that a director had to work hard not just to achieve artistic independence but also to keep it. He challenged the fundamentally conformist cinema of Hollywood, bringing to his films a sophisticated middle European wit and mature view of human nature. Still, Wilder often had difficulty in securing studio backing for a project he had developed on his own. Wilder was philosophical about the ups and downs of filmmaking. The Apartment, Double Indemnity, Some Like It Hot, and Sunset Boulevard were selected as four of the American motion pictures to be preserved in the permanent collection of the National Film Registry of the Library of Congress as culturally, historically, and aesthetically important. He has been recognized by different sectors. Perhaps one of the most touching compliments Wilder received came from British director Stephen Frears (The Grifters): “I identify with Billy Wilder, of course. He was a man who went to Hollywood and made a very, very elaborate range of films; yet he kept his own voice”. Indeed he did.Less
Billy Wilder certainly did his part to enrich American cinema. He learned during his long career in Hollywood that a director had to work hard not just to achieve artistic independence but also to keep it. He challenged the fundamentally conformist cinema of Hollywood, bringing to his films a sophisticated middle European wit and mature view of human nature. Still, Wilder often had difficulty in securing studio backing for a project he had developed on his own. Wilder was philosophical about the ups and downs of filmmaking. The Apartment, Double Indemnity, Some Like It Hot, and Sunset Boulevard were selected as four of the American motion pictures to be preserved in the permanent collection of the National Film Registry of the Library of Congress as culturally, historically, and aesthetically important. He has been recognized by different sectors. Perhaps one of the most touching compliments Wilder received came from British director Stephen Frears (The Grifters): “I identify with Billy Wilder, of course. He was a man who went to Hollywood and made a very, very elaborate range of films; yet he kept his own voice”. Indeed he did.
GENE D. PHILLIPS
- Published in print:
- 2009
- Published Online:
- September 2011
- ISBN:
- 9780813125701
- eISBN:
- 9780813135403
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813125701.003.0004
- Subject:
- Film, Television and Radio, Film
In his book on film noir, William Hare repeats the story that one day Billy Wilder could not find his secretary. He was told by one of the women in the office that she was holed up in the ladies' ...
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In his book on film noir, William Hare repeats the story that one day Billy Wilder could not find his secretary. He was told by one of the women in the office that she was holed up in the ladies' room, reading a novella titled Double Indemnity. Double Indemnity portrayed a decadent, depraved world of violence and duplicity. On September 21, 1943, Paramount sent Joseph Breen a screen treatment of Double Indemnity, a detailed synopsis that Wilder had prepared in conjunction with Charles Brackett. Double Indemnity deals with the great American pastime of cheating an insurance company, and it does so with deadly seriousness. The title of the film refers to the double insurance benefit paid out in the event of accidental death. This film also originally intended to conclude with Walter's execution. In recent years commentators on Double Indemnity have steadily come to recognize it as quintessential film noir.Less
In his book on film noir, William Hare repeats the story that one day Billy Wilder could not find his secretary. He was told by one of the women in the office that she was holed up in the ladies' room, reading a novella titled Double Indemnity. Double Indemnity portrayed a decadent, depraved world of violence and duplicity. On September 21, 1943, Paramount sent Joseph Breen a screen treatment of Double Indemnity, a detailed synopsis that Wilder had prepared in conjunction with Charles Brackett. Double Indemnity deals with the great American pastime of cheating an insurance company, and it does so with deadly seriousness. The title of the film refers to the double insurance benefit paid out in the event of accidental death. This film also originally intended to conclude with Walter's execution. In recent years commentators on Double Indemnity have steadily come to recognize it as quintessential film noir.
Theodore Dreiser and James Cain
- Published in print:
- 2012
- Published Online:
- June 2013
- ISBN:
- 9780804775359
- eISBN:
- 9780804778459
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804775359.003.0006
- Subject:
- Literature, Criticism/Theory
In the early twentieth century, insurance crime emerged as a social phenomenon that signals not only a sociological shift in criminality but also indicates a radical change in thinking about the ...
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In the early twentieth century, insurance crime emerged as a social phenomenon that signals not only a sociological shift in criminality but also indicates a radical change in thinking about the nature of accidents. This chapter focuses on two novels that reveal how literature is involved in the production of chance: Theodore Dreiser's An American Tragedy (1925) and James Cain's Double Indemnity (1936). Dreiser and Cain literalize the production of chance with their depictions of criminal accident fraud. For Dreiser, this signaled the end of his own realist project. For Cain, however, it raised the possibility that accident production might function as a valuable mode of public performance art in America's emergent welfare state. Cain's Double Indemnity is a classic example of a related subgenre of crime fiction, the falsified accident novel, in which crime masquerades as a matter of chance. Dreiser's An American Tragedy represents the accident as a criminal plot. In different ways, the two novels spell the end of an earlier phase of realism.Less
In the early twentieth century, insurance crime emerged as a social phenomenon that signals not only a sociological shift in criminality but also indicates a radical change in thinking about the nature of accidents. This chapter focuses on two novels that reveal how literature is involved in the production of chance: Theodore Dreiser's An American Tragedy (1925) and James Cain's Double Indemnity (1936). Dreiser and Cain literalize the production of chance with their depictions of criminal accident fraud. For Dreiser, this signaled the end of his own realist project. For Cain, however, it raised the possibility that accident production might function as a valuable mode of public performance art in America's emergent welfare state. Cain's Double Indemnity is a classic example of a related subgenre of crime fiction, the falsified accident novel, in which crime masquerades as a matter of chance. Dreiser's An American Tragedy represents the accident as a criminal plot. In different ways, the two novels spell the end of an earlier phase of realism.
Peter Cane
- Published in print:
- 1991
- Published Online:
- March 2012
- ISBN:
- 9780198252368
- eISBN:
- 9780191681370
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198252368.003.0009
- Subject:
- Law, Law of Obligations
Practical operation of the law of tort cannot be fully comprehended without closely looking at the fact and extent of insurance, whether it be liability insurance, loss insurance, or legal expenses ...
More
Practical operation of the law of tort cannot be fully comprehended without closely looking at the fact and extent of insurance, whether it be liability insurance, loss insurance, or legal expenses insurance. In general and in several cases, it is only the fact that the defendant is insured against liability which makes it worthwhile to sue him. Liability insurance is observed in the case of individual defendants as well as in business and institutions wherein liability insurance is seen as a means to rid out fear when confronted with a claim. This chapter focuses on the interplay between insurance and tort law. It discusses the effect of insurance on the content of law as well as the impact of law on insurance. The chapter also discusses mutual insurance, which emerged as means of riding out the increasing cost of indemnity insurance. The discussion furthermore includes subrogation and contribution and the prevailing arguments on insurance.Less
Practical operation of the law of tort cannot be fully comprehended without closely looking at the fact and extent of insurance, whether it be liability insurance, loss insurance, or legal expenses insurance. In general and in several cases, it is only the fact that the defendant is insured against liability which makes it worthwhile to sue him. Liability insurance is observed in the case of individual defendants as well as in business and institutions wherein liability insurance is seen as a means to rid out fear when confronted with a claim. This chapter focuses on the interplay between insurance and tort law. It discusses the effect of insurance on the content of law as well as the impact of law on insurance. The chapter also discusses mutual insurance, which emerged as means of riding out the increasing cost of indemnity insurance. The discussion furthermore includes subrogation and contribution and the prevailing arguments on insurance.
Blánaid Daly, Paul Batchelor, Elizabeth Treasure, and Richard Watt
- Published in print:
- 2013
- Published Online:
- November 2020
- ISBN:
- 9780199679379
- eISBN:
- 9780191918353
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199679379.003.0026
- Subject:
- Clinical Medicine and Allied Health, Dentistry
This chapter will briefly describe how oral health care may be managed and organized and how health workers may be remunerated. This will be followed by a ...
More
This chapter will briefly describe how oral health care may be managed and organized and how health workers may be remunerated. This will be followed by a short outline of the ways in which oral health care is provided in the UK. A separate overview of dental care professionals (DCPs) is presented in this chapter. The reform of the NHS is ongoing, so this chapter discusses principles rather than detail. Since the devolution of health care to governments in Scotland, Wales, and Northern Ireland, variations in provision are occurring across the UK and some of these differences are highlighted. If oral health care is to be provided it has to be funded. The money has to be derived from the public and this can be either from individuals or from taxation. Within the UK there are a variety of ways in which oral health care is funded. Figure 19.1 shows the possible flows of money. The model that exists in the UK is in the main centred on routes 1 and 3, based on taxation, either direct or through national insurance contributions, and its subsequent allocation to various public-funded services, including dentistry. In Germany, the arrangement is slightly different in that third-party insurance groups are involved and a proportion of an individual’s annual salary is allocated to health care. A third model operates in the USA under the guise of managed care. Individuals buy into a care plan that is organized by a health care company, which subsequently contracts with dentists to provide a level of care. In route 2, the public pays the dentist directly for his or her services; this is a private arrangement. A third party may intervene to control pricing. For example, Dutch and Swedish adult dental care is now mostly in the private sector, but each year the profession negotiates the scale of fees with their government. The subsequent distribution process for paying oral care workers is illustrated in Figure 19.2. There are again three mechanisms: . . . 1 A purely private arrangement. . . . . . . 2 The state pays the total cost. . . .
Less
This chapter will briefly describe how oral health care may be managed and organized and how health workers may be remunerated. This will be followed by a short outline of the ways in which oral health care is provided in the UK. A separate overview of dental care professionals (DCPs) is presented in this chapter. The reform of the NHS is ongoing, so this chapter discusses principles rather than detail. Since the devolution of health care to governments in Scotland, Wales, and Northern Ireland, variations in provision are occurring across the UK and some of these differences are highlighted. If oral health care is to be provided it has to be funded. The money has to be derived from the public and this can be either from individuals or from taxation. Within the UK there are a variety of ways in which oral health care is funded. Figure 19.1 shows the possible flows of money. The model that exists in the UK is in the main centred on routes 1 and 3, based on taxation, either direct or through national insurance contributions, and its subsequent allocation to various public-funded services, including dentistry. In Germany, the arrangement is slightly different in that third-party insurance groups are involved and a proportion of an individual’s annual salary is allocated to health care. A third model operates in the USA under the guise of managed care. Individuals buy into a care plan that is organized by a health care company, which subsequently contracts with dentists to provide a level of care. In route 2, the public pays the dentist directly for his or her services; this is a private arrangement. A third party may intervene to control pricing. For example, Dutch and Swedish adult dental care is now mostly in the private sector, but each year the profession negotiates the scale of fees with their government. The subsequent distribution process for paying oral care workers is illustrated in Figure 19.2. There are again three mechanisms: . . . 1 A purely private arrangement. . . . . . . 2 The state pays the total cost. . . .
Rob Merkin and Jenny Steele
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199645749
- eISBN:
- 9780191747823
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199645749.003.0005
- Subject:
- Law, Law of Obligations
Explains the hidden significance of insurer subrogation for the law of obligations, explores its operation, and identifies how it may best be controlled. Argues that broadly contractual analysis ...
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Explains the hidden significance of insurer subrogation for the law of obligations, explores its operation, and identifies how it may best be controlled. Argues that broadly contractual analysis offers the most promising route for judicial control of subrogation remedies; and identifies the significance of party risk allocations. Explores the rationales for insurer subrogation and for the exclusion of life and personal injury policies; and explores the potential use of subrogation on the part of health insurers. Critically analyses the decision in Lister v Romford Ice and Cold Storage Ltd and explains why it should not be seen as authority for a proposed ‘orthodox’ view that insurance is irrelevant to analysis of rights between parties.Less
Explains the hidden significance of insurer subrogation for the law of obligations, explores its operation, and identifies how it may best be controlled. Argues that broadly contractual analysis offers the most promising route for judicial control of subrogation remedies; and identifies the significance of party risk allocations. Explores the rationales for insurer subrogation and for the exclusion of life and personal injury policies; and explores the potential use of subrogation on the part of health insurers. Critically analyses the decision in Lister v Romford Ice and Cold Storage Ltd and explains why it should not be seen as authority for a proposed ‘orthodox’ view that insurance is irrelevant to analysis of rights between parties.
Mark Feeney
- Published in print:
- 2004
- Published Online:
- March 2013
- ISBN:
- 9780226239682
- eISBN:
- 9780226239705
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226239705.001.0001
- Subject:
- History, Cultural History
Was it an omen that Richard Nixon and the film industry arrived in Southern California in the same year, 1913? As this book relates, Nixon and the movies have shared a long and complex history. Some ...
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Was it an omen that Richard Nixon and the film industry arrived in Southern California in the same year, 1913? As this book relates, Nixon and the movies have shared a long and complex history. Some of that history—the president's multiple screenings of Patton before and during the invasion of Cambodia, or Oliver Stone's Nixon—is well known. Yet much more is not. How many are aware, for example, that Nixon was an enthusiastic filmgoer who watched more than five hundred movies during his presidency? This book takes an often revelatory approach to looking at Nixon's career—and Hollywood's. From the obvious (All the President's Men) to the less so (Elvis Presley movies and Nixon's relationship to 1960s youth culture) to several onscreen “alternate” Nixons (Fred MacMurray in Double Indemnity, Tony Curtis in The Sweet Smell of Success, Gene Hackman in The Conversation), the book sees aspects of Nixon's character, and the nation's, refracted and reimagined in film. Conversely, it argues that Nixon can help us see the movies in a new light, making a strong case for Nixon as the movies' tutelary deity during the early 1970s, playing a role in Hollywood's Silver Age comparable to FDR's during its Golden Age. The book draws on biography, politics, cultural history, and film criticism.Less
Was it an omen that Richard Nixon and the film industry arrived in Southern California in the same year, 1913? As this book relates, Nixon and the movies have shared a long and complex history. Some of that history—the president's multiple screenings of Patton before and during the invasion of Cambodia, or Oliver Stone's Nixon—is well known. Yet much more is not. How many are aware, for example, that Nixon was an enthusiastic filmgoer who watched more than five hundred movies during his presidency? This book takes an often revelatory approach to looking at Nixon's career—and Hollywood's. From the obvious (All the President's Men) to the less so (Elvis Presley movies and Nixon's relationship to 1960s youth culture) to several onscreen “alternate” Nixons (Fred MacMurray in Double Indemnity, Tony Curtis in The Sweet Smell of Success, Gene Hackman in The Conversation), the book sees aspects of Nixon's character, and the nation's, refracted and reimagined in film. Conversely, it argues that Nixon can help us see the movies in a new light, making a strong case for Nixon as the movies' tutelary deity during the early 1970s, playing a role in Hollywood's Silver Age comparable to FDR's during its Golden Age. The book draws on biography, politics, cultural history, and film criticism.
Shiona Airlie
- Published in print:
- 2012
- Published Online:
- May 2013
- ISBN:
- 9789888139569
- eISBN:
- 9789888180134
- Item type:
- chapter
- Publisher:
- Hong Kong University Press
- DOI:
- 10.5790/hongkong/9789888139569.003.0011
- Subject:
- History, Asian History
Johnston and Puyi supported a Chinese minister Zheng Xiaoxu to control the inefficiency and corruption of the Imperial Household Department. Johnston infuriated the department and was accused of ...
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Johnston and Puyi supported a Chinese minister Zheng Xiaoxu to control the inefficiency and corruption of the Imperial Household Department. Johnston infuriated the department and was accused of guilt and sent off to the Summer Palace. Puyi was permitted to make two visits a year. In 1924, warlords in the North staged a coup d'état, Puyi was forced to leave the Forbidden City. After some days in the Japanese Legation, Puyi suddenly departed to Tianjin secretly without following Johnston's advice, this move hurt Johnston's feeling and brought Puyi himself a crisis. Johnston was invited to form the Boxer Indemnity Committee of British and was appointed the secretary. He then needed to go back to London to carry out his duty. Later the Colonial office sent him back to Weihai to administer the government; he accepted the offer and stayed in Weihai until 1930.Less
Johnston and Puyi supported a Chinese minister Zheng Xiaoxu to control the inefficiency and corruption of the Imperial Household Department. Johnston infuriated the department and was accused of guilt and sent off to the Summer Palace. Puyi was permitted to make two visits a year. In 1924, warlords in the North staged a coup d'état, Puyi was forced to leave the Forbidden City. After some days in the Japanese Legation, Puyi suddenly departed to Tianjin secretly without following Johnston's advice, this move hurt Johnston's feeling and brought Puyi himself a crisis. Johnston was invited to form the Boxer Indemnity Committee of British and was appointed the secretary. He then needed to go back to London to carry out his duty. Later the Colonial office sent him back to Weihai to administer the government; he accepted the offer and stayed in Weihai until 1930.
Eric M. Freedman
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9781479870974
- eISBN:
- 9781479802470
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479870974.003.0005
- Subject:
- Law, Constitutional and Administrative Law
Illustrating the numerous legal restraints on power in the early national period, this chapter focuses on Captain Isaac Hodsdon of the United States Army, accused of wrongfully imprisoning men in ...
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Illustrating the numerous legal restraints on power in the early national period, this chapter focuses on Captain Isaac Hodsdon of the United States Army, accused of wrongfully imprisoning men in Stewartstown, New Hampshire during the War of 1812. They first obtained a state writ of habeas corpus. Hodsdon’s response, that he would not produce the men because one was a prisoner of war and the other detained on federal charges was—quite appropriately—found contemptuous. He was prosecuted in private criminal contempt proceedings, and also held liable for damages in a false imprisonment action. Meanwhile the New Hampshire legislature (to whom Hodsdon apparently gave a false account of the events) passed a restoration to law statute, enabling him to overcome a missed deadline. Ultimately the United States Congress (of which his counsel, John Holmes, had become a member) granted him indemnity. These events were the subject of tart newspaper exchanges in the Concord Statesman & Register and the New-Hampshire Patriot.Less
Illustrating the numerous legal restraints on power in the early national period, this chapter focuses on Captain Isaac Hodsdon of the United States Army, accused of wrongfully imprisoning men in Stewartstown, New Hampshire during the War of 1812. They first obtained a state writ of habeas corpus. Hodsdon’s response, that he would not produce the men because one was a prisoner of war and the other detained on federal charges was—quite appropriately—found contemptuous. He was prosecuted in private criminal contempt proceedings, and also held liable for damages in a false imprisonment action. Meanwhile the New Hampshire legislature (to whom Hodsdon apparently gave a false account of the events) passed a restoration to law statute, enabling him to overcome a missed deadline. Ultimately the United States Congress (of which his counsel, John Holmes, had become a member) granted him indemnity. These events were the subject of tart newspaper exchanges in the Concord Statesman & Register and the New-Hampshire Patriot.