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The Civil Liability of Endorsers in Advertisement

Author: TaoMin
Tutor: GuZhuXuan
School: Shanghai Jiaotong University
Course: Legal
Keywords: Recommended card ads Advertising Referral witnesses Joint and several liability
CLC: D922.16;D923
Type: Master's thesis
Year: 2011
Downloads: 29
Quote: 0
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Abstract


June 1, 2009 introduction of the \Liability Principle , the civil liability of the product spokesperson , either because the burden of proof is difficult , difficult for consumers rights ; either directly applicable , lead spokesman for the product to bear a disproportionate responsibility . Testimonial advertising behavior , advertising recommended witnesses into wide channels of information products recommended witnesses with narrow channels of information products recommended witnesses . Depending on the duty of care , respectively, for fault liability and presumption of fault liability . The paper is divided into four parts demonstrated the ad recommendation witnesses civil liability . First chapter based on the ad starred in the behavior of different Testimonial ads classified ad recommended witnesses in order to establish the main range . Outlined in Chapter regulation and judicial case of the United States and Japan on the campaign , Comparative Law , pointed out that the the ad recommendation witnesses classification standards and attention to obligations . Chapter around the formal review of the duty of care , to determine the wide channels of information products recommended witnesses applies fault liability ; around the form of the review and presentation of the duty of care of the real product experience , to determine the narrow channels of information products recommended witnesses apply the presumption of fault liability . Accordingly , reduce the burden of proof difficulty easy by the infringement of the protection of the interests of consumers , at the same time , but also take into account the fault liability to witness the testing of products recommended capacity constraints . In order to avoid the protection of a fair , which led to another unfair produce . The fourth chapter of the self-regulatory norms and legal regulation was proposed by combining several perfect way to civil liability of false advertising recommended witnesses .

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