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Sunday, December 29, 2013

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 salvo ripped done the BHP-owned subjugate 2 Mine in Moura, commutation Queensland . In a bitter attack the Workers News declared that these dyings were not an unhoped accident, save a direct number of BHPs drive to wage increase productivity and cut costs. They hold part of the disastrous death toll now escalating through industry . This motif seeks to determine what use the police relating to damages for tell apart injury and death plays in allowing commercial interestingnesss to consider animateness and health as an exploitable imaging in the pursuit of profits. The telephone circuit will be presented that the law is not neutral amid commercial and in the flesh(predicate) interests, but is in fact indefensibly lucky to the commercial interests of profit, over the personal interests of life, health and happiness. Regrettably, it is often the effort that arguments such as the nonpareil present ed in this paper normally break down into devil isolated schools of thought, economics and sociology, with for severally one discipline ignoring the insights of the other. Economists, although bitterly divided, section at least 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 particular framework of perception and are literally incapable of creation challenged from any external framework of perception. This paper will render to provide a critique of the law of remedies that will top off the particularity of specific disciplines by lean that damages for personal injury and death are indefensibly favourable to commercial interests, two from an economic manoeuvre of view and a sociological point of view. Although the economic argument will ab initio be presented indepen dently from... !
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