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Problem Base Question (EU Law) - Essay Example

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Problem Base Question (EU Law)

Arthur would have been compensated for the damage of 100,000 of the cabbages field.
Other dimension is the present situation that 00/1271/EC Directive has not been implemented yet. Brownings Ltd. should put up this situation as an accident that results in damage to Arthur's fields as well as the premises of Brownings Ltd. By putting the case in such manner will prevent Brownings Ltd. to pay compensation to Arthur. Under this situation both parties has to move towards the insurance organizations for the damages incurred to them. By means of regard to the straight effect of directives, the European court of justice has detained in Marshall v. Southampton AHA that orders can only be imposed against the State since art 249 EC Treaty conveys that a instruction is obligatory upon each Member State to whom it is dealt; it does not present that it trusses persons. Consequently until United Kingdom actually applies the directive it would be iniquitous to permit it to be imposed against non-governmental bodies.
Arthur is looking for implementing the Directive in opposition to Brownings. As it is provided in the case study that Brownings is a limited organization that have possession of a large chemical works. ...Show more

Summary

In the provided case study a hazardous chemical escaped from Brownings Ltd. The chemical was sprinkled over a field of cabbages owned by Arthur, who underwent more than 100,000 damaged to the crop. Brownings Ltd. deny negligence, and it is very unlikely that Arthur will not be able to recover damages under English Law.
Author : robelbridgette
Problem Base Question (EU Law) essay example
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