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The Research On Tort Liability Of Endorser In Advertising

Posted on:2012-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:S B LiFull Text:PDF
GTID:2216330362959756Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Product endorsement in advertising has become an important business model for product promotion. However, there have been a number of cases where business operators have used testimonials or endorsements that are deceptive and misleading, which brings great damage to the legal rights and interests of consumers. In my opinion, the endorser, as an independent participant in the advertising activity, works in the purpose of profit making, and makes an endorsement in his or her own name. In the cases where consumers' rights are infringed because they proceed with the specific product based on the credibility the endorser has built up, if the endorser has committed the common fault with the advertiser or violated the duty of care for endorsement, it should be deemed that the endorser and the advertiser commit joint tort, and they shall assume the joint and several liabilities.In the case where the endorser only commits a negligence in the tort, and constitutes only a contributory cause, he or she shall be the several liable defendants.
Keywords/Search Tags:endorsement in advertising, joint tort, joint and several liability, assignment of responsibility
PDF Full Text Request
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