问题 单项选择题

李某自某商场购得某电饭锅,后因质量问题电饭锅爆炸,炸伤李某。根据合同法,李某可请求商场承担何种民事责任

A.仅得请求违约责任

B.仅得请求侵权责任

C.有权请求侵权责任和违约责任

D.得请求侵权责任或违约责任

答案

参考答案:D

解析: 本题涉及侵权责任和违约责任的竞合问题。李某与商场之间存在买卖合同关系,商场所售电饭锅存在质量问题,故李某可依据合同请求商场承担违约责任;又因该电饭锅发生爆炸,炸伤李某侵害了李某的绝对权,李某可向商场主张侵权责任,在同一行为既为违约行为,又为侵权行为的情况下,受害人只能选择行使诉权,或者请求违约责任,或者请求侵权责任,而不能合并行使诉权,既请求违约责任,又请求侵权责任。

单项选择题
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E

People want to get ahead when they are working in office, but not everyone can reach the goal. Let’s read the passage and we believe you can understand something useful for your working in the office.

A is for always getting to work on time.

B is for being very busy.

C is for the conscientious (勤勤恳恳) way you do your job .

You may be all these kinds of people at the office, and even more. But when it comes to getting ahead, some experts say, the ABCs above are not enough, a P should be included, for P—politics, as in office politics.

Dale Carneigie suggested much about office politics(策略) more than 90 years ago: Hard work alone doesn’t ensure career advancement. You have to be able to sell yourself and your ideas, both publicly and behind the scenes. Yet, in spite of the obvious rewards of engaging in office politics, a better job, a raise, praise, but many people are still unable or unwilling to “play the game.”

“People think that office politics involves some manipulative (工于心计的) behavior, ” says Deborah Comer , an assistant professor of management at Hofstra University. “But politics comes from the word ‘polite’. It can also mean controlling and forming associations (交往). It can mean being kind and helpful, or even trying to please your boss, and then expecting something in return.”

In fact, today, experts explain office politics as proper behavior used to go after one’s own self-interest in the workplace. In many cases, this involves some forms of socializing within the office environment—not just in large companies, but in small workplaces as well.

“The first thing people are usually judged on is their ability to perform well on their work,” says Neil P. Lewis, a management psychologist. “But if two or three candidates (候选人) are up for a position, each of whom has reasonably similar ability, a manager is going to choose the person he or she likes best to get ahead. It’s simple human nature.

Yet, psychologists say, many employees and employers have trouble with the concept of politics in the office. Some people, they say, have an idealistic vision of work and what it takes to succeed. Still others connect office politics with flattery (奉承) , fearful that, if they speak up for themselves, they may appear to be flattering their boss for favors.

Experts suggested that office politics should be the need for some self-promotion (晋升).

72. The underlined “Office politics” in (Para 5) is used in the passage to refer to ______.

A. the habit of getting to work on time.

B. the political views and beliefs of office workers.

C. the interpersonal relationships within a company.

D. the various qualities required for a successful career.

73. Why are many people unwilling to “play the game ”(Para.6)?

A. They believe that doing so is not polite.

B. They feel that such behavior is unprincipled(不道德的.)

C. They do like the manipulating workmates.

D. They think the effort will get them nothing.

74. The author considers office politics to be _______.

unwelcome at the workplace.

bad for interpersonal relationships.

impossible to the development of company culture.

an important factor for personal advancement.

75. It is the experts’ view that _______.

A. speaking up for oneself is part of human nature.

B. office politics is necessary to self-advancement.

C. hard work is of little importance to one’s promotion.

D. all employees can recognize the need for flattery.