问题 单项选择题

甲雇佣乙为其火锅店帮工。乙在端送热茶时不慎烫伤在店中玩耍的邻家5岁小孩丙。小孩父母诉诸法院要求赔偿,下列说法何种正确

A.由乙承担赔偿责任,因乙是直接致害人

B.由甲承担赔偿责任,因为甲为雇主

C.乙与小孩父母共同承担,因乙是直接致害人,小孩父母也未尽监护职责

D.由甲与小孩父母共同承担,因甲是雇主,同时小孩父母未能尽监护职责

答案

参考答案:B

解析:【测试点】 雇主责任。【解析】 依最高人民法院《关于审理人身损害赔偿案件适用法律若干问题的解释》第9条第1款规定,雇员在从事雇佣活动中致人损害的,雇主应当承担赔偿责任;雇员因故意或者重大过失致人损害的,应当与雇主承担连带赔偿责任。雇主承担连带赔偿责任的,可以向雇员追偿。故B选项正确。应当予以注意的是,小孩的父母是否尽到了监护职责。5岁的小孩到店中玩耍,符合社会习惯,不能认定父母未尽到监护义务,故小孩的父母不应当承担责任。

单项选择题 B型题
单项选择题

Passages 4


As a wise man once said, we are all ultimately alone. But an increasing number of Europeans are choosing to be so at an ever earlier age. This isn’t the stuff of gloomy philosophical contemplations, but a fact of Europe’s new economic landscape, embraced by sociologists, real-estate developers and ad executives alike. The shift away from family life to solo lifestyle, observes a French sociologist, is part of the "irresistible momentum of individualism" over the last century. The communications revolution, the shift from a business culture of stability to one of mobility and the mass entry of women into the workforce have greatly wreaked havoc on (扰乱) Europeans’ private lives.
Europe’s new economic climate has largely fostered the trend toward independence. The current generation of home-aloners came of age during Europe’s shift from social democracy to the sharper, more individualistic climate of American style capitalism. Raised in an era ofprivatization and increased consumer choice, today’s tech-savvy (精通技术) workers have embraced a free market in love as well as economics. Modem Europeans are rich enough to afford to live alone, and temperamentally independent enough to want to do so.
Once upon a time, people who lived alone tended to be those on either side of marriage--twenty something professionals or widowed senior citizens. While pensioners, particularly elderly women, make up a large proportion of those living alone, the newest crop of singles are high earners in their 30s and 40s who increasingly view living alone as a lifestyle choice. Living alone was conceived to be negative--dark and cold, while being together suggested warmth and light. But then came along the idea of singles. They were young, beautiful, and p! Now, young people want to live alone.
The booming economy means people are working harder than ever. And that doesn’t leave much room for relationships. Pimpi Arroyo, a 35-year-old composer who lives alone in a house in Paris, says he hasn’t got time to get lonely because he has too much work. "I have deadlines which would make life with someone else fairly difficult." Only an Ideal Woman would make him change his lifestyle, he says Kaufmann, author of a recent book called "The Single Woman and Prince Charming", thinks this fierce new individualism means that people expect more and more of mates, so relationships don’t last long-- if they start at all. Eppendorf, a blond Berliner with a deep tan, teaches grade school in the mornings. In the afternoon she sunbathes or sleeps, resting up for going dancing. Just shy of 50, she says she’d never have wanted to do what her mother did--give up a career to raise a family. Instead, "I’ve always done what I wanted to do: live a self-determined life.\

What is the author’s purpose in writing the passage

A. To review the impact of women becoming high earners.
B. To contemplate the philosophy underlying individualism.
C. To examine the trend of young people living alone.
D. To stress the rebuilding of personal relationships.