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Joint Liability Undertaking Of Infringement Of False Advertisement

Posted on:2017-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y W ShiFull Text:PDF
Abstract/Summary:PDF Full Text Request
The newly revised "Consumer Protection Law" and the "Advertising Law" established the system of Joint Liability for Infringement of False Advertisement. The article mainly research and analysis from the Interpretation Theory. The advertising endorser, advertising agents, advertising publishers and advertiser undertake joint liability. It is reasonable and its function likes guarantor. The behavior of every subject constitutes Joint Tort according to the theory of objective responsibility. Joint liability for false advertisement bears such features as the nature of construction, the choice of public policy and subordination so as to limit scope of application of quality infringement of products and quality infringement of service. The article explains the application of doctrine of liability fixation, which we judge the main responsibility of the advertiser with no-fault liability and then judge of the main responsibility of advertisers, advertising agents, advertising publishers and the advertising endorser with no-fault liability in special field or fault liability in common area. Constitutive elements of false advertising violations have special characteristic in illegal activities, harmful consequences,causality and fault. The causation should be decided by the guidance of the equivalent causality theory. Its conditions and equivalency are special. It analyzes scope of compensation about joint and several liability, explains the application of punitive damages in torts,debates on improvement of the system of endorsements joint liability and so on.
Keywords/Search Tags:legal analysis, doctrine of liability fixation, constitutive elements, joint and several liability
PDF Full Text Request
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