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The Civil Responsibility Of Celebrity False Advertisement Spokesman

Posted on:2012-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:C C DaiFull Text:PDF
GTID:2216330368980029Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Laws in China are lack of the part to deal with fake advertisements which leads to customers'damage and bad influence over the development of honest society. What is more, it is hard for customers to maintain their rights and judicial branch to investigate for celebrities'responsibilities. The causes of this phenomenon lie in our country law for celebrity endorsing false advertisement, in which civil liability haven't perfect regulations. To solve these problems, we have to dig into celebrity endorsing false advertisement civil liability and carry out the relevant system design. According to logic thinking way of propose, analysis problem, problem-solving, this paper is divided into four parts to issues on depth celebrity endorsing false advertisement civil liability.In the first part, based on celebrities'functions, status and legal relationships in fake advertisements, they are the subject of civil liability. Both the influence over the public caused by celebrities in fake advertisements and the legal relationship between advertisers, and the relationship between costumers and celebrities form the basis of Celebrities'the subject of civil liability. Celebrity spokesperson forms a contract relationship with advertisers and they are not employed by advertisers but equal with advertisers, therefore, they should bear civil liability. There is no contract relationship between celebrity spokesperson and customers, however, according to special regulations in contract relativity in contract Law of China, celebrity spokesperson have the duty of not violating rights of the third person.In the second part it proves endorsement famous and advertisers in false advertisements for consumers to be a joint tort and be jointly and severally liable firstly. The judgment standard of joint tort on celebrity endorsement with advertisers is associated with subjective act of common and objective association jointly in false advertisement. Secondly, it focuses on tort liability constituents which celebrity endorsing false advertisement assumes: illegal behavior, damage results, causal relationships and fault. Four elements must be had at the same time; otherwise we can't determine the tort liability of celebrity endorsements. Again, put forward views that liability fixation of celebrity false endorsements take fault-presuming principle. Making celebrities provide evidence to show their state of subject is reasonable when endorsing can both protect customers and promote the consciousness and initiative of both legitimacy and authenticity of advertisement examination.The third part analyses of the root cause of flooding of celebrities speak false advertising. Legislation of judicial organs of blank leads to embarrassment and helplessness that civil liability of false advertisement celebrity endorsements not being investigated, academia also differs whether to endorse celebrities should assume responsibility and assume what responsibility, so, social sanctions and punish of false endorsements celebrity mostly stay in moral condemnation level. False advertising shall be jointly and severally liable with the spokesperson for the reasonable and inadequate. When celebrity's endorsing false advertisement leads to a joint tort, spokesperson for consumers bear joint responsibility for compensation. But this unlimited joint liability for spokesperson is extremely unfair, also not realistic. This requires the introduction of new system consummating and supplementing spokesperson's joint liability. Making celebrities endorsing for fake advertisements compensate for loss can not only benefits customers but also warns celebrities, which will reduce the number of fake advertisements. In addition, the Punitive damages should conform to legal requirements on processes, conditions, extent of punishments and number.In the fourth part, this article puts forward into punitive compensation system aiming to improve the joint liability system of the endorsements of false advertising. False advertisement spokesmen shall be jointly and severally liable, for Joint liability could lead to spokesperson impartial legal consequences and may also make spokesperson the responsibility extremely tiny. The former can produce new social injustice, which leads to consumer interests to be harmed and continue to ignore spokesperson for false endorsements. Punitive compensation can well solve the problem. Punitive compensation is different from compensatory compensation; it is a kind of excess compensation. It is not only a compensatory and has more punitive. Because of punitive compensation being a kind of special compensation system, when we apply punitive damage to spokesperson, we should consider it must comply with the statutory requirements, procedures, punish amplitude and amount, preventing punitive compensation abuse.
Keywords/Search Tags:Celebrities, Fake Advertisements, Joint Tort, Joint Liability, Punitive Damages
PDF Full Text Request
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