问题 单项选择题

甲忘带家门钥匙,到邻居乙家想办法,问乙有没有较粗的绳索一条,乙找到一条较粗的绳索。甲从乙家阳台爬往自家,并要求乙用绳索固定以防不测,并找来丙、丁协助,甲在攀越时绳索断裂,从三楼坠地致重伤。各方当事人就赔偿事宜未达成一致,甲诉至法院。下列哪种说法是正确的( )

A.法院可以酌情让乙承担部分赔偿责任

B.损害后果应由甲自行承担

C.应由乙承担主要责任,丙、丁承担补充责任

D.应由乙、丙、丁承担连带赔偿责任

答案

参考答案:B

解析:[考点] 无偿委托合同的赔偿责任
本题与2006司法考试真题表面上比较类似,但考查的却是完全不同的内容,前者重在考查无因管理导致的侵权责任,本题则转而考查无偿委托合同人承担的责任。
所谓委托合同是指委托人和受托人约定,由受托人处理委托人事务的合同。在委托合同中,受托人承担处理委托事务的义务、报告的义务、交付财产和转移权利的义务、忠诚和勤勉的义务。另外,根据《合同法》第409条的规定,两个以上的受托人共同处理委托事务的,对委托人承担连带责任。
但是需要注意的是,一般认为,有偿委托合同的受托人应尽善良管理人的注意义务,无偿委托合同的受托人应尽如同处理自己事务相同的注意义务,受托人违反忠诚义务,未尽相应的注意义务给委托人造成损害的,应负赔偿责任。《合同法》第406条第1款规定,有偿的委托合同,因受托人的过错给委托人造成损失的,委托人可以要求赔偿损失。无偿的委托合同,因受托人的故意或者重大过失给委托人造成损失的,委托人可以要求赔偿损失。
在本题中,“甲忘带家门钥匙,到邻居乙家想办法”,“要求乙用绳索固定以防不测,并找来丙、丁协助”,则甲和乙、丙、丁之间成立为委托关系,乙、丙、丁为共同受托人。甲和乙、丙、丁为邻里间的帮助行为,对此,甲并没有付出法律意义上的对价。因此,根据上文的法理分析,乙、丙、丁作为无偿委托的受托人仅仅在故意和重大过失时负赔偿责任。甲要求乙找到粗绳索一条,乙按甲的要求找到符合甲要求的绳索,对此乙并没有故意或重大过失。之后,甲因为绳索断裂而遭受损害,乙、丙、丁固定绳索的行为也没有故意和重大过失。因此,甲应当自行承担责任,选项B“损害后果应由甲自行承担”是正确的。
乙在提供绳索和固定绳索的问题上均没有故意和重大过失,因此,选项A“法院可以酌情让乙承担部分赔偿责任”是错误的。同理,受委托人丙和丁在固定绳索上也没故意和重大过失,不应当承担责任。因此,选项C“应由乙承担主要责任,丙、丁承担补充责任”和选项D“应由乙、丙、丁承担连带赔偿责任”都是错误的,不应该当选。

单项选择题
阅读理解

阅读下列短文,从每题所给的四个选项(A、B、C和D)中,选出最佳选项,并在答题卡上将该项涂黑。

 

F . Scott Fitzgerald, born on September 24,1896, an American novelist, w  as once a student of St.Paul Academy, the Newman School and attended Princeton. University for a short while. In 1917 he joined the army and was posted in Alabama, where he met his future wife Zelda Sayre. Then he had to make some money to impress her.

His life with her was full of great happiness, as he wrote in his diary :“ My own happiness in the past often approached such joy that I could share it even with the person dearest to me but had to walk it away in quiet streets and take down parts of it in my diary.”

This side of paradise, his first novel, was published in 1920. encouraged by its success, Fitzgerald began to devote more time to his writing. Then he continued with the novel the Beautiful and Damned (1922), a collection of short stories Thales of the Jazz Age (1922), and a play The Vegetable (1923). But his greatest success was The Great Gatsby, published in 1925,which quick brought him praise from the literary world. Yet it failed to give him the needed financial security. Then, in 1926, he published another collection lf short stories All the Sad Young Men.

However, Fitzgerald’s problems with his wife Zelda affected his writing. During the 1920s he tried to reorder his life, but failed. By 1930, his wife had her first breakdown and went to a Swiss clinic. During this period he completed novels Tender Is the Night in 1934 and The love of the last Tycoon in 1940. while his wife was in hospital in the United States, he got totally addicted to alcohol. Sheila Graham, his dear friend, helped him fight his alcoholism.

56. How many novels written by Fitzgerald are mentioned in the passage ?

A. 5            B. 6            C. 7               D. 8

57. Which of the following is the correct order to describe Fitzgerald’s life according to the passage?

a. He became addicted to drinking.

b. He studied at St.Paul Academy.

c. He published his first novel This Side of Paradise.

d. The Great Gatsby won high praise.

e. He failed to reorder his life.

f. He joined the army and met Zelda.

A.f-c-e-a-b-d       B. b-e-a-f-c-d        C. f-d-e-c-b-a      D. b-f-c-d-e-a

58. We can infer from the passage that Fitzgerald            .

A. had made some money when he met Zelda in Alabama.

B. was well educated and well off before he served in the army

C. would have completed more works if his wife hadn’t broken down

D. helped his friend get rid of drinking while his wife was in hospital

59. The passage is probably followed by a concluding paragraph about          .

A. Zelda’s personal life

B. Zelda’s illness and treatment

C. Fitzgerald’s friendship with Graham

D. Fitzgerald’s contributions to the literary world