Overhaulin'

eu law need a structure an opening paragraph plz?

The following scenario is fictitious your answer should not include any legal provision other than those referred to below) Council Directive 2007/XYZ on Consumer Protection requires member states to introduce measures by 31 December 2009: - giving consumers the right to a fourteen day cooling- off period, (within which period they are entitled to claim a full refund) , when they buy goods and services over the internet. - giving consumers who are injured by dangerous goods the right to claim compensation directly from the retailer of the goods as an alternative to claiming from the manufacturer. - giving consumers the right to reject faulty goods and claim a refund from the retailer within four weeks of delivery. Adam ordered an encyclopaedia online from Lifelong Learning Ltd, a non- profit making company, financed partly by private donations and partly by Government grant. The Chairman of the Board of Directors is appointed by the Minister for Education and half of the Board is appointed by the UK government. After ten days, Adam realised he could not afford the encyclopaedia so he exercised his right to cancel the order and claim a refund. Lifelong Learning Ltd refused to give him a refund on the basis that they do not offer a cooling- off period. The UK has not implemented this part of the directive. Ilektra received extensive burns as a result of using an electric blanket supplied by Cosy Plc, a private retail company. When she claimed compensation for her injuries from Cosy Plc, she was informed that she must pursue the matter with, Goatcher Plc, the manufacturer of the blanket. The UK purported to implement this part of the directive in the Product Liability Act 2009 which came into force on 1 October 2009. The Act states that consumers injured by dangerous goods have the right to claim compensation from the retailer only if the retailer refuses to identify the manufacturer. Aisha bought a new car from Dagenham Motors Plc, a major car dealer in the UK. Three weeks after she took delivery of the car it developed serious engine problems. Aisha rejected the car and demanded a refund. Dagenham Motors Plc does not deny liability but says it is too late for a refund. They have offered to repair the car free of charge. The UK has not yet implemented this part of the directive. Cont/d. It is now 1 May 2010. (1) Discuss whether Adam can invoke direct effect of the directive. (2) Discuss whether Ilektra can invoke indirect effect of the directive. (3) Advise Aisha whether she has the right to claim a refund from the UK government using the Francovich decision on state liability.

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