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Research Tort Celebrities Engaging In False Advertising

Posted on:2014-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:L J WangFull Text:PDF
GTID:2266330422452582Subject:Law
Abstract/Summary:PDF Full Text Request
Now, with the development of market economy, advertisement is full of our lives.Companies using advertisement to sale products and services has become one of thefastest means. However, the phenomenon of celebrity endorsements false advertisingis more and more serious. This not only damages the property rights and the healthrights of the consumer, but also be not conducive to social equity. Consumers buyproducts based on the trust of celebrities, but result of damaging to their own interests.They have no legal basis for the claim to celebrity. This is a big flaw in our legislation.Thus, the tort liability for false advertising celebrity endorsement is very necessary.This paper has a total of three parts.The first part analyzes the necessity of celebrity endorsements false advertising,noticing that different celebrities and false advertising commercial starred by the falseadvertising of its endorsement of greater harm to society. The current law is notperfect. Therefore, the responsibility is necessity.The second part analyzes the celebrity endorsement to the principle of attributionof false advertising infringement. First, I list the system of our country’s principles oftort liabilities. Second, I conclude that the principle of presumption of fault whichinclude in fault liability principle is suitable.The third section analyzes the morphology of celebrity endorsement tort of falseadvertising. I analyze the nature of the behavior of celebrities and manufacturers. Thebehavior is jointly deliberate which should be jointly and severally liable, if they havecommon intentional. The behavior is no intention liaison infringement which shouldbear responsibility, if the celebrity is fault and the manufacturers is deliberate. Finally,I give a brief analysis of the exemptions.
Keywords/Search Tags:The famous, false advertising, presumption of fault, responsibility of joint, several liabilities by shares
PDF Full Text Request
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