Study On Liability For Tort In Endorsement For False Advertisement

With rapid development of economy, the market is filled with various products, with various ads constantly emerging.False advertisements are included. With regard to such situation, liability of advertising spokesperson for tort hasn’t been explicitly regulated in old Law for Advertisement. In most of the cases in real life, the judge usually make sentences that are unfavorable for consumers due to lack of legal ground.However, the issuance of new Law for Advertisement(implemented on September 1st of 2015) is beneficial for inquisition of these cases. Representative cases have been selected, studied and analyzed in the paper to get indistinct questions in practice clear.The thesis contains abstract, introduction, main body of four chapters and conclusion. The introduction part introduces the current state of liability for tort of spokesperson endorsing false ads, meaning of the topic, focus of argumentation and aims for writing.Chapter One, brief introduction of Wang Shunhusuing herbal tea “He Qi Zheng” and four arguing focuses related to the case.First, the definition of false advertisement and spokesperson for false advertisements.Second, principles for calling to account for tort in false advertisements endorsement.Third, constitutive requirements for tort liability in false advertisement endorsement.Fourth, forms of tort liability in false advertisement endorsements.Chapter Two, interpretation of false advertising and spokesperson of it, recognizing of false advertisement and its spokesperson which provides grounds for analysis of tort liability in subsequent text. Chapter Three, study on principles of imputation. Through argumentation for principles of fault and non-fault, referring to interpretation “ health of life” in imputation principles of Law of Advertisement(implemented in September 1st of 2015) to determine the application of imputation principles.Chapter Four, analysis of constitutive parts of tort liability of spokesperson in false advertisement endorsement, which is key arguing chapter of the paper.The analysis is mainly based on subjective element of false advertisement spokesperson, key elements of illegal action, key elements of cause and effect relation, key elements of violation fact.Chapter Five, forms of tort liability of false advertising spokesperson. New Law of Advertisement (implemented in September 1st of 2015) rules it as joint liability which however cause argumentation.Some scholars argues that the state of taking on unreal joint liability exists. And also argumentation on limited joint liability and unlimited joint liability in joint liability of spokesperson exists.