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Monday, January 13, 2014

Why the law of damages is more favourable to commercial interests than personal interests.

Introduction On August 7th 1994, 11 miners were killed when an outburst ripped through with(predicate) the BHP-owned subjugate 2 Mine in Moura, interchange Queensland . In a bitter attack the Workers News stated that these dyings were not an unhoped accident, save a direct terminus of BHPs drive to wage increase productivity and cut costs. They stamp part of the disastrous death toll now escalating through industry . This motif seeks to determine what use the police relating to damages for severalise injury and death plays in allowing commercial concerns to consider purport and health as an exploitable imaging in the pursuit of profits. The stemma will be presented that the law is not neutral betwixt commercial and person-to-person interests, but is in fact indefensibly well-situated to the commercial interests of profit, over the personal interests of life, health and happiness. Regrettably, it is often the oddball that arguments such as the nonpareil pr esented in this paper ordinarily break down into devil isolated schools of thought, economics and sociology, with for apiece one discipline ignoring the insights of the other. Economists, although bitterly divided, section at least(prenominal) some paradigmatic assumptions with other economists, and the alike(p) is true of sociologists. Yet as a result of what Edward de Bono termed the arrogance of logic , each discipline sets up logically impeccable arguments that are derived from at bottom a cross framework of perception and are literally incapable of creation challenged from any external framework of perception. This paper will protrude of attack to provide a critique of the law of remedies that will clear the particularity of specific disciplines by lean that damages for personal injury and death are indefensibly favourable to commercial interests, twain from an economic horizontal surface of view and a sociological point of view. Although the economic argument w ill ab initio be presented individually fr! om...
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