问题 问答题 案例分析题

张先生于2002年购买了一套某花园式住宅的配套底商。入住时,小区尚未全部竣工。急于用底商开餐厅的张先生没有追究工程的不完善,草草接收了房屋,餐厅也随即开业。由于在其后对房屋的使用中,张先生对房屋以及物业管理存在诸多不满。除入住时交了一年物业费外,3年内没有向物业管理公司交过任何费用。截止到2004年底。张先生已经拖欠物业费、水电费、取暖费20多万元。在多次催缴无效的情况下,物业管理公司将张先生告上了法庭。经过调查审理和法院调节,张先生对物业费和取暖费没有异议,但对水电费不能认同。原因是:物业管理公司不能提供由张先生签字确认的水电费的起始数字依据。最终。物业管理公司损失了水电费总额的20%。

请问法院这样判决是否恰当?

答案

参考答案:

法院对此进行的判决比较合理,因为物业管理公司不能提供水电费的起始表数,按照正常的惯例推理,物业管理公司交付给业主的水电表均不可能为"零起始"。同时张先生也不能提供已交费的证据。根据公平的原则及法官的自由裁量权,法院支持物业管理公司收取张先生80%的水电费较为合理。

阅读理解

Redwood trees are the tallest plants on the earth,reaching heights of up to 100 meters.They are also known for their longevity,typically 500 to 1000 years,but sometimes more than 2000 years.A hundred million years ago,in the age of dinosaurs,redwoods were common in the forests of a much more moist and tropical North America.As the climate became drier and colder,they declined to a narrow strip along the Pacific coast of Northern Califomia.

The trunk of redwood trees is very strong and usually forms a single straight column.It is covered with a soft bark.This bark can be pretty thick,well over two feet in the more mature trees.It gives the older trees a certain kind of protection from insects,but the main benefit is that it keeps the center of the tree harmless from moderate forest fires because of its thickness.This fire resistant quality explains why the giant redwood grows to live that long.While most other types of trees are destroyed by forest fires,the giant redwood actually prospers because of them.

Moderate fires will clear the ground of competing plant life,and the rising heat dries and opens the ripe fruit of the redwood,releasing many thousands of seeds onto the ground below.

New trees are often produced from shoots,little baby trees,which form at the base of the trunk.These shoots grow slowly,fed by the root system of the “mother’’ tree.When the main tree dies,the shoots are then free to grow as full trees,forming a “fairy ring” of trees around the original tree.These trees,in turn,may give rise to more shoots,and the cycle continues.

小题1:Why were redwood trees easier to find in the forests of North America millions of years ago?

A.The trees were taller and stronger.

B.The soil was softer for seeds to develop.

C.The climate there was warmer and wetter.

D.The temperature was lower along the Pacific coast.小题2:Which of the following is a function of the tree bark as mentioned in the passage?

A.It allows redwood trees to bear seeds.

B.It prevents redwood trees from attack by insects.

C.It helps redwood trees absorb water in the air.

D.It makes redwood trees more beautiful and appealing.小题3:Why do redwood trees grow to live that long according to the passage?

A.They have heavy and straight tree trunks.

B.They are properly watered and catered to.

C.They are more resistant to fire damage than other trees.

D.They produce many young trees to maintain their life cycle.小题4:How does a “fairy ring’’ form according to the passage?

A.By killing an old tree.

B.By connecting root systems.

C.By inserting holes into old trees.

D.By surrounding a mature tree.

问答题