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 explosion ripped through the BHP-owned Number 2 Mine in Moura, Central Queensland . In a bitter attack the Workers News declared that 'these deaths were not an unexpected accident, but a direct result of BHP's drive to boost productivity and cut costs. They form part of the disastrous death toll now escalating through industry' . This paper seeks to determine what role the law relating to damages for personal …

…the courts because total damages fall so far below the full compensation level in the first place that even when one adds in exemplary damages, the end result is still not even compensatory. It is precisely the failure to establish the system of damages set out in this essay that explains why the law of remedies in relation to damages for personal injury and death has been more favourable to commercial interests than personal interests.