European Union Law Essay Example | Topics and Well Written Essays - 5000 words

European Union Law - Essay Example Negligence need not be proved. Any damages so awarded should include an element for pain and suffering and also for loss of wages past, present and future. The Act excludes liability for loss of wages. It also imposes the burden of proof on the victim to prove his/her case. Both the Directive and the Act were intended to replace the existing national laws of negligence in relation to the Product. In May 2004, Byrd was prescribed a mild sedative by his doctor as he was suffering from work-related stress. The Product was manufactured by Omnia Pharma PLC (â€Å"Omnia†) a company registered in England. Two weeks after starting the treatment, Byrd developed a skin complaint, suppurating psoriasis, which was painful and also unpleasant to look at. As a result, he became a recluse and was dismissed for persistent absence by his employers. Thereafter, he attempted to commit suicide but was discovered in time. He is still very disturbed mentally. The starting point is to consider what directives are, how they are implemented and what the overall effect of directives is. In order to deal with the above it is necessary to examine the law regarding the binding nature of Directives. It is also necessary to examine the implementation of the Directive and discuss whether there has been any breach by the company. If a breach is established it will then be possible to assess what losses the company will be liable for in respect of the claim by Byrd. A discussion on direct and indirect effect is also essential in order to establish whether Byrd can claim under either of these headings. In order to be able to assess whether Francovich damages would be the most effective claim against the UK there needs to be a discussion on what Francovich damages are and when these can be claimed. To be able to decide whether a directive is binding it is necessary to understand what a directive is. A directive has been