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The Research On The Civil Liability Of False Advertising Endorser

Posted on:2011-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:T HuangFull Text:PDF
GTID:2166360308469281Subject:Law
Abstract/Summary:PDF Full Text Request
Endorsements in Advertising that is to recommend and prove the quality and function of products or service through the image or in the name of ordinary consumers, experts or public agency. The celebrity, expert and social organization who are recommending and proving in advertisements are Endorsers. Although Advertising Law of China has no provision on civil liability about the act of False Advertising, advertising activity, as a civil and commercial act, is obviously not only subject to civil and commercial special law, but also to civil fundamental law. Therefore, the act of False Advertising should be regulated in accordance with common act of infringement. However, we'll have difficulty in putting to the proof in judicial practice if regulating it with current Tort Law. Therefore, it is necessary to improve legislation in our country, make the obligation of Endorsers explicit, and construct civil liability bear system about Endorsers in False Advertising.Firstly, Endorser is an important party in advertisement, taking part in the production of advertisement as the same as advertisers, advertising operators and advertisement publishers. For it is independent of other subjects in advertising and has equal legal status with others in the legal nexus, Endorser should be the subject of liability in False Advertising. Secondly, because their endorse acts have a direct or indirect part in public purchase, Endorsers should logically pay attention on the effect of their acts and try their best to avoid damage to the customer. Thus, in the light of useful experiences in the United States, Japan, China's Taiwan region and other countries and regions, we should make sure Endorser's obligation on investigation, actual use and authenticity. Once more, determine constructive fault doctrine of liability fixation about Endorser's civil liability, namely, in the circumstance that the victims can prove there is causation between their damage and Endorsers'false act, we have Endorsers to prove their absence of fault, or we will presume they have misconduct and they ought to bear legal liability for damages. Thirdly, only when Endorsers accord with relative essentials including harmful conduct, damage causally, subjective fault and causation between harmful conduct and damage causally, will they bear corresponding civil liability. Conversely, in the absence of any of the component, they will bear no civil liability. Finally, I suggest to introduce punitive damages in the liability bearing form of Endorsers.
Keywords/Search Tags:False advertising, Endorser, Civil liability, Advertisement laws
PDF Full Text Request
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