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Apportionment

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The legal term apportionment ( French : apportionement ; Mediaeval Latin : apportionamentum , derived from Latin : portio , share), also called delimitation , is in general the distribution or allotment of proper shares, though may have different meanings in different contexts. Apportionment can refer to estate, the amount of compensation received by a worker and in respect of time.

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45-483: This term may be employed roughly and sometimes has no technical meaning; this indicates the distribution of a benefit ( e.g. salvage or damages under the Fatal Accidents Act 1846 , § 2), or liability ( e.g. general average contributions, or tithe rent-charge), or the incidence of a duty ( e.g. obligations as to the maintenance of highways). Apportionment in respect of estate may result either from

90-512: A bill to abolish deodands. The latter proposal, which became law as the Deodands Act 1846 , to some extent mitigated railway hostility. The Act came into effect in August 1846 and gave personal representatives the right to bring a legal action for damages where the deceased person had such a right at the time of their death. Compensation was restricted to the husband, parent, or child of

135-401: A business to create goods or provide services for consumers, capital goods are important in other ways. In an industry where production equipment and materials are quite expensive, they can be a high barrier to entry for new companies. If a new business cannot afford to purchase the machines it needs to create a product, for example, it may not be able to compete as effectively in the market. Such

180-401: A company might turn to another business to supply its products, but this can be expensive as well. This means that, in industries where the means of production represent a large amount of a business's start-up costs, the number of companies competing in the market is often relatively small. The acquisition of machinery and other expensive equipment often represents a significant investment for

225-418: A company. When a business is struggling, it often puts off such purchases as long as possible, since it does not make sense to spend money on equipment if the company is not around to use it. Capital spending can be a sign that a manufacturer expects growth or at least a steady demand for its products, a potentially positive economic sign. In most cases, capital goods require a substantial investment on behalf of

270-520: A distinction that is often confused with David Ricardo 's. In Marxian theory, variable capital refers to a capitalist's investment in labor-power, seen as the only source of surplus-value . It is called "variable" since the amount of value it can produce varies from the amount it consumes, i.e. , it creates new value. On the other hand, constant capital refers to investment in non-human factors of production, such as plant and machinery, which Marx takes to contribute only its own replacement value to

315-603: A key role in the economic analysis of "... growth and production, as well as the distribution of income..." Capital goods can also be immaterial, when they take the form of intellectual property . Many production processes require the intellectual property to (legally) produce their products. Just like material capital goods, they can require substantial investment, and can also be subject to amortization, depreciation, and divestment. People buy capital goods to use as static resources to make other goods, whereas consumer goods are purchased to be consumed. For example, an automobile

360-425: A major factor in the process of technical innovation : All innovations—whether they involve the introduction of a new product or provide a cheaper way of producing an existing product—require that the capital goods sector shall produce a new product (machine or physical plant ) according to certain specifications . Capital goods are a constituent element of the stock of capital assets, or fixed capital and play

405-409: A person was injured through a tort , the wrongdoer would be liable for causing injury. If the person were killed, there would be no liability. Perversely, the wrongdoer had a financial interest in killing, rather than injuring, a victim. However, during the 1830s the rapid development of the railways led to increasing public hostility to the epidemic of railway deaths and the indifferent attitudes of

450-519: A rentcharge on a freehold property that is also payable on other neighbouring properties, they can apply to the Department for Communities and Local Government for an 'order of apportionment' that legally separates their share of the ground rent or rentcharge. With regard to the apportionment of income, the only points requiring notice here are that all dividends payable by public companies are apportionable, whether paid at fixed periods or not, unless

495-499: A specific type of goods, i.e. , capital goods. Austrian School economist Eugen Boehm von Bawerk maintained that capital intensity was measured by the roundaboutness of production processes. Since capital is defined by him as being goods of higher-order, or goods used to produce consumer goods, and derived their value from them, being future goods. Human development theory describes human capital as being composed of distinct social, imitative and creative elements: This theory

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540-532: A transhistorical state of affairs distinguishes different forms of capital: Adam Smith defined capital as "that part of man's stock which he expects to afford him revenue". In economic models , capital is an input in the production function . The total physical capital at any given moment in time is referred to as the capital stock (not to be confused with the capital stock of a business entity). Capital goods , real capital, or capital assets are already-produced, durable goods or any non-financial asset that

585-433: Is a consumer good when purchased as a private car. Dump trucks used in manufacturing or construction are capital goods because companies use them to build things like roads, dams, buildings, and bridges. In the same way, a chocolate bar is a consumer good, but the machines that produce the candy are capital goods. Some capital goods can be used in both production of consumer goods or production goods, such as machinery for

630-771: Is based on similar principles. Limited compensation for a family's grief was finally granted by the Administration of Justice Act 1982 , section 3. Similar legislation has since been brought into force throughout the English-speaking world. For example, part 3 of the Wrongs Act 1958 of Victoria, Australia is often referred to as a Lord Campbell's Act. Capital (economics) In economics , capital goods or capital are "those durable produced goods that are in turn used as productive inputs for further production" of goods and services. A typical example

675-503: Is not really capital, because "Their economic value merely represents the power of one class to appropriate the earnings of another" and "their increase or decrease does not affect the sum of wealth in the community". Some thinkers, such as Werner Sombart and Max Weber , locate the concept of capital as originating in double-entry bookkeeping , which is thus a foundational innovation in capitalism , Sombart writing in "Medieval and Modern Commercial Enterprise" that: Karl Marx adds

720-459: Is the basis of triple bottom line accounting and is further developed in ecological economics , welfare economics and the various theories of green economics . All of which use a particularly abstract notion of capital in which the requirement of capital being produced like durable goods is effectively removed. The Cambridge capital controversy was a dispute between economists at Cambridge, Massachusetts based MIT and University of Cambridge in

765-417: Is the machinery used in a factory . At the macroeconomic level, "the nation's capital stock includes buildings, equipment, software, and inventories during a given year." Capital goods have also been called complex product systems ( CoPS ). The means of production is as a "...series of heterogeneous commodities, each having specific technical characteristics ..." in the form of a durable good that

810-531: Is used in production of goods or services . Classical and neoclassical economics describe capital as one of the factors of production (alongside the other factors: land and labour ). All other inputs to production are called intangibles in classical economics. This includes organization, entrepreneurship , knowledge, goodwill, or management (which some characterize as talent , social capital or instructional capital). Many definitions and descriptions of capital goods production have been proposed in

855-401: Is used in the production of goods or services. Capital goods are a particular form of economic good and are tangible property . Capital goods are one of the three types of producer goods , the other two being land and labour . The three are also known collectively as "primary factors of production ". This classification originated during the classical economics period and has remained

900-526: Is what makes it a factor of production: These distinctions of convenience have carried over to contemporary economic theory . Adam Smith provided the further clarification that capital is a stock . As such, its value can be estimated at a point in time. By contrast, investment , as production to be added to the capital stock, is described as taking place over time ("per year"), thus a flow . Earlier illustrations often described capital as physical items, such as tools, buildings, and vehicles that are used in

945-715: The Irish Land Act 1903 ( 3 Edw. 7 . c. 37), section 61, apportionment of quit and crown rents). At common law, there was no apportionment of rent in respect of time. Such apportionment was, however, in certain cases allowed in England by the Distress for Rent Act 1737 , and the Apportionment Act 1834 ( 4 & 5 Will. 4 . c. 22), and is now allowed generally. Under that statute (section 2) all rents, annuities , dividends and other periodical payments in

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990-476: The UK about the measurement of capital. The Cambridge, UK economists, including Joan Robinson and Piero Sraffa claimed that there is no basis for aggregating the heterogeneous objects that constitute 'capital goods.' Political economists Jonathan Nitzan and Shimshon Bichler have suggested that capital is not a productive entity, but solely financial and that capital values measure the relative power of owners over

1035-401: The act of the parties or from the operation of law. Where a lessee is evicted from, or surrenders or forfeits possession of part of the property leased to him, he becomes liable at common law to pay only a rent apportioned to the value of the interest which he still retains. So where the person entitled to the reversion of an estate assigns part of it, the right to an apportioned part of

1080-506: The commodities it is used to produce. Investment or capital accumulation , in classical economic theory, is the production of increased capital. Investment requires that some goods be produced that are not immediately consumed, but instead used to produce other goods as capital goods . Investment is closely related to saving , though it is not the same. As Keynes pointed out, saving involves not spending all of one's income on current goods or services, while investment refers to spending on

1125-467: The death of a person causes solely emotional and pure economic loss to their relatives. In general, damages cannot be recovered for either type of damage, only for physical damage to the claimant or their property. This was the rule declared by the court in Baker v. Bolton (1808). Scottish law was different in that the court could grant a solatium in acknowledgment of the family's grief. Thus, if

1170-523: The deceased and was for "such damages ... proportioned to the injury resulting from such death." The wording left the question of how damages were to be assessed. In Franklin v. South Eastern Railway (1858), Baron Pollock held that the Act did not grant a Scottish-style solatium but solely damages for economic loss. The Act was variously amended and finally repealed by Schedule 2 of the Fatal Accidents Act 1976 which governs fatal accident compensation and

1215-435: The dominant method for classification. Capital can be increased by the use of the factors of production , which however excludes certain durable goods like homes and personal automobiles that are not used in the production of saleable goods and services. In Marxian critique of political economy , capital is viewed as a social relation . Critical analysis of the economists portrayal of the capitalist mode of production as

1260-508: The entire rent, and he holds it subject to distribution (section 4). The Apportionment Act 1870 ( 33 & 34 Vict. c. 35) extends to payments not made under any instrument in writing (section 2), but not to annual sums made payable in policies of insurance (section 6). Apportionment under the act can be excluded by express stipulation. The apportionment created by this statute is "apportionment in respect of time." The cases to which it applies are mainly cases of either: With regard to

1305-459: The following division: Separate literatures have developed to describe both natural capital and social capital . Such terms reflect a wide consensus that nature and society both function in such a similar manner as traditional industrial infrastructural capital, that it is entirely appropriate to refer to them as different types of capital in themselves. In particular, they can be used in the production of other goods, are not used up immediately in

1350-428: The former of these classes, it may be noticed that although apportioned rent becomes payable only when the whole rent is due, the landlord, in the case of the bankruptcy of an ordinary tenant, may prove for a proportionate part of the rent up to the date of the receiving order; and that a similar rule holds good in the winding up of a company; and further that the act of 1870 applies to the liability to pay, as well as to

1395-437: The literature. Capital goods are generally considered one-of-a-kind, capital intensive products that consist of many components. They are often used as manufacturing systems or services themselves. Examples include hand tools , machine tools , data centers , oil rigs , semiconductor fabrication plants , and wind turbines . Their production is often organized in projects, with several parties cooperating in networks. This

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1440-426: The nature of income are to be considered as accruing from day to day and to be apportionable in respect of time accordingly. It is provided, however, that the apportioned part of such rents, etc., shall only be payable or recoverable in the case of a continuing payment, when the entire portion of which it forms part itself becomes payable, and, in the case of a payment determined by re-entry, death or otherwise, only when

1485-417: The next entire portion would have been payable if it had not so determined (§ 3). Persons entitled to apportioned parts of rent have the same remedies for recovering them when payable as they would have had in respect of the entire rent; but a lessee is not to be liable for any apportioned part specifically. The rent is recoverable by the heir or other person who would, but for the apportionment, be entitled to

1530-609: The payment is, in effect, a payment of capital (§ 5). Fatal Accidents Act 1846 The Fatal Accidents Act 1846 ( 9 & 10 Vict. c. 93), commonly known as Lord Campbell's Act , was an Act of the Parliament of the United Kingdom , that, for the first time in England and Wales , allowed relatives of people killed by the wrongdoing of others to recover damages . Under the common law of England and Wales,

1575-425: The process of production, and can be enhanced (if not created) by human effort. There is also a literature of intellectual capital and intellectual property law . However, this increasingly distinguishes means of capital investment, and collection of potential rewards for patent , copyright (creative or individual capital ), and trademark (social trust or social capital) instruments. Building on Marx, and on

1620-406: The producer, and their purchase is usually referred to as a capital expense. These goods are important to businesses because they use these items to make functional goods for customers or to provide consumers with valuable services. As a result, they are sometimes referred to as producers' goods, production goods, or means of production. In the theory of international trade, the causes and nature of

1665-403: The production of a product (e.g., machines and storage facilities), while the latter referred to physical assets consumed in the process of production (e.g., raw materials and intermediate products). For an enterprise, both were types of capital. Economist Henry George argued that financial instruments like stocks, bonds, mortgages, promissory notes, or other certificates for transferring wealth

1710-491: The production of dump trucks. Consumption is the logical result of all economic activity, but the level of future consumption depends on the future capital stock, and this in turn depends on the current level of production in the capital-goods sector. Hence if there is a desire to increase consumption, the output of the capital goods should be maximized. Capital goods, often called complex products and systems (CoPS), play an important role in today's economy. Aside from allowing

1755-730: The production process. Since at least the 1960s economists have increasingly focused on broader forms of capital. For example, investment in skills and education can be viewed as building up human capital or knowledge capital , and investments in intellectual property can be viewed as building up intellectual capital . Natural capital is the world's stock of natural resources, which includes geology, soils, air, water and all living organisms. These terms lead to certain questions and controversies discussed in those articles. A capital good lifecycle typically consists of tendering, engineering and procurement, manufacturing, commissioning, maintenance, and (sometimes) decommissioning. Capital goods are

1800-469: The railway companies. As a result, inquest juries started to revive the ancient remedy of deodands as a way of penalizing the railways. The railway accident at Sonning Cutting (1841) was particularly notorious. This alerted legislators, in particular Lord Campbell and the Select committee on Railway Labourers (1846). In the face of railway opposition, Campbell introduced a bill in 1845, along with

1845-459: The rent incident to the England, and in many of the British colonies. In the cases just mentioned there is apportionment in respect of estate by act of the parties. Apportionment by operation of law may be brought about where by act of law a lease becomes inoperative as regards its subject-matter, or by the "act of God", as, for instance, where part of an estate is submerged by the encroachments of

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1890-406: The right to receive, rent. Accordingly, where an assignment of a lease is made between two half-yearly rent-days, the assignee is not liable to pay the full amount of the half-year's rent falling due on the rent-day next after the date of the assignment, but only an apportioned part of that half-year's rent, computed from the last mentioned date. If someone pays a ground rent on a leasehold property or

1935-570: The sea. To the same category belongs the apportionment of rent which takes place under various statutes ( e.g. the Lands Clauses Consolidation Act 1845 ( 8 & 9 Vict. c. 18), section 119, when land is required for public purposes; the Agricultural Holdings Act 1883 ( 46 & 47 Vict. c. 61), section 41, in the case of a tenant from year to year receiving notice to quit part of a holding; and

1980-476: The theories of the sociologist and philosopher Pierre Bourdieu , scholars have recently argued for the significance of "culinary capital" in the arena of food. The idea is that the production, consumption, and distribution of knowledge about food can confer power and status. Within classical economics, Adam Smith ( Wealth of Nations , Book II, Chapter 1) distinguished fixed capital from circulating capital . The former designated physical assets not consumed in

2025-467: The trade of capital goods receive little attention. Trade-in capital goods is a crucial part of the dynamic relationship between international trade and development. The production and trade of capital goods, as well as consumer goods, must be introduced to trade models, and the entire analysis integrated with domestic capital accumulation theory. Detailed classifications of capital that have been used in various theoretical or applied uses generally respect

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