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The Study Of The Advertisement Performaer's Civil Liability

Posted on:2012-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z L WuFull Text:PDF
GTID:2216330368491708Subject:Law
Abstract/Summary:PDF Full Text Request
Fake advertisements should be managed effectively, and the performers who take part in the advertisements is one of the main reasons which hurts the consumers, based on the consideration to protect the consumers, the performers must be responsible for what they have done. This is the natural request for the consistent of the following items: credit benefit protection, honest & trustworthiness, the protection of public benefit, the rights and duties.In view of the hysteresis qualities and shortcomings of the current laws, we must set up the effective laws for the ads performers. However, we should set up the tempering justice with mercy in case of exaggerating the corrections. So, we should consider that different ad performers and actions play different roles in the ads, and the laws about them must be different. The legal responsibilities of pure perform-actions must be in charge of the owner of the fake ad, but the fake ads related to the personal identity of the performers must be in charged by themselves, and the responsibilities are distinguished by three actions: endorsement, recommendation and proof. The spokesperson who do it on purpose must in charge of the joint-related responsibilities, The spokesperson who do it in a fault must in charge of the part- related responsibility, and the fake ads who recommend or prove them must be responsible for what they have done jointly. When we ascertain where the responsibility lies, we'd follow the rue: fault- infer first and normal-fault second. If the spokesperson'tort-action is on purpose, they must be proved by the plaintiff, others must obey the fault- infer. To embody the equality of law, we should set up the exemptions from the liability for the performer. We hope the above suggestions can be helpful to perfect the"Advertisement Law".
Keywords/Search Tags:fake ads, performers, civil liability
PDF Full Text Request
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