Research On Tort Liability Of The Product Spokesperson

The legal status of the Product spokesperson is not entirely clear in the legal system which caused the damage to the consumer by his laissez-faire behavior resulting no effective relief channels due to lack of the legal anspruchsgrundlage. Product endorsement is different from the star’s advertisement which the endorser’s range is not limited to the star. The responsibility of product spokesperson is regarded as the economic law issues by traditional domestic and international legislation, which is attached to a false statement or product liability subjecting to adjustment of advertising law or competition law. In this way, it constitutes constraints on the protection of victims in the entities and procedures. The paper thinks it should return to the civil law which subject to the adjustment of tort law based on a profound reflection of law’s adjustment mode to establish the independent legal status of product spokesman as the starting point.The endorsement behavior of spokesman for the product should not be attached to the false advertising or false statement, and his identity should not be hidden after the manufacturer, its independent legal status must appear to the public. The trust is the basic point why the product spokesman bears the tort liability, and thus results in a purchase and consumption behavior. He should be liable for the breach of the trust. The choices of Imputation principles should be adopted no-fault liability principle, and undertake the joint liable with the product manufacturer. Its responsibility shows personally because of specificity of the virulence behavior or damaged object. Based on the principle of rationality, exemptions and external accountability after internal claims should be set for the product spokesman that makes the better balance of benefit conflict between the produce, advocators, consumers and other parties.