问题 问答题

甲的损失应当由谁承担赔偿责任为什么

答案

参考答案:甲的损失应由乙和丙承担连带责任。因为乙作为代理人和丙串通损害被代理人甲的利益。

解析:考点:所有权的善意取得,质押合同的生效,代理制度中的连带责任,共同侵权的构成,混合过错的构成,主法律行为与从法律行为的关系。
  讲解:《民法通则》第66条规定,没有代理权、超越代理权或者代理权终止后的行为,只有经过被代理人的追认,被代理人才承担民事责任。未经追认的行为,由行为人承担民事责任。本人知道他人以本人名义实施民事行为而不作否认表示的,视为同意。代理人不履行职责而给被代理人造成损害的,应当承担民事责任。代理人和第三人串通,损害被代理人的利益的,由代理人和第三人负连带责任。第三人知道行为人没有代理权、超越代理权或者代理权已终止还与行为人实施民事行为给他人造成损害的,由第三人和行为人负连带责任。
  本题即属于代理人乙和第三人丙串通、损害被代理人甲的利益的利益的情形,因此应由代理人乙和第三人丙对被代理人甲的损失承担连带责任。

阅读理解

Electric cars will not be really much cleaner than autos powered by mineral fuels until they rely less on electricity produced from usual coal-fired power plants.

“For electric vehicles to become a major green alternative, the power fuel has to move away from

coal, or cleaner coal technologies have to be developed,” said Jared Cohon, the chairman of a National

Research Council report released on Monday. About half of US power is produced by

burning coal, which gives off many times more of traditional pollutants than natural gas, and about

twice as much of the main greenhouse gas carbon dioxide. Nuclear and renewable power have to

generate a larger portion of US power for electric cars to become much greener compared to

gasoline-powered cars, Cohan, who is president of Carnegie Mellon University, said in an interview.

Advances in coal burning, like capturing carbon at power plants for permanent burial underground,

could also help electric cars become a cleaner alternative to vehicles powered by fossil fuels, he said.

Pollution from energy sources did $120 billion worth of damage to human health, agriculture and

recreation in 2008, and electricity was responsible for more than half of the damage, said the NRC

report.

Electric cars have their benefits such as reducing imports of foreign oil. But they also have hidden

costs. Materials in electric car batteries are hard to produce, which adds to the energy it takes to make

them. In fact, the health and environmental costs of making electric cars can be 20 percent greater

than usual cars, the report said.

The report estimated that electric cars could still cost more than gas-powered cars to operate and

manufacture in 2030 unless US power production becomes cleaner.

1. Why are electric cars not clean enough?

A. Because they run too slowly              B. Because they are too expensive

C. Because they rely on coal-fired power.      D. Because they give off more carbon dioxide.

2. We can infer from the passage that ______.

A. electric cars will soon take the place of gas-powered cars

B. no one holds hope for electric cars at present

C. electric cars waste more energy than before

D. some people believe that electric cars are cleaner

3. The underlined word “them” refers to “______”.

A. electric cars     B. batteries       C. producers        D. materials

4. Which of the following is NOT mentioned as a way to make electric cars cleaner?

A. Developing cleaner coal technologies.        B. Making electric cars run faster.

C. Generating more unclear power.             D. Making advances in coal burning.

选择题