问题 问答题

甲在路上捡到一只生病的猫,想带回家给孩子玩,但他的妻子比较懂行,认出该猫属于名贵品种,市价要值几千元。甲在当地的报纸上发布了失物招领广告,并自己花钱给猫治好了病,为此支出了200元。一天甲出门时忘记了关门,该猫从家跑出,并将一过路的小孩子的眼睛抓伤,小孩家为治伤花去了医疗费500元。此时,失主乙恰好根据失物招领广告来认领该猫。请根据以上案情回答以下问题:
(1)甲收养宠物猫并予以治疗的行为应当如何定性为什么
(2)做广告和给猫治病的费用可否请求乙偿还为什么
(3)过路小孩的医疗费应当由谁承担为什么

答案

参考答案:(1)甲的行为构成无因管理。此猫为乙所有,甲拾到后成为其管理人,因此甲与乙之间形成无因管理关系。
(2)甲有权要求乙偿付该费用。根据我国《民法通则》的规定,没有法定的或者约定的义务,为避免他人利益受到损失进行管理或者服务的,有权要求受益人偿付由此而支付的必要费用。
(3)该费用应当由甲承担。因甲出门时没有关门的行为构成过错,因此过错才使得猫伤人。因此,不能要求乙支付,只能由甲本人承担。

解析: 无因管理

完形填空

说明:阅读下面短文,根据短文内容从A-F选项中选出一个最恰当的选项作为每段的标题,选项中有一项为多余选项。

A.Current situation and future of reality shows

B.Audience’s reaction to reality TV

C.Critics’ relevant comments

D.Attractions for producers and participantsE.     Definition of “watch and dial ”show

F.     Introduction to new reality shows

74.

 European television had the idea of taking ordinary people and turning them into “stars”by putting them in unusual situation. “Big Brother”(created in Holland)was one of the first.A group of people were locked in a small house with cameras running 24 hours a day.It was called a “watch and dial”show because viewers vote by telephone to decide who should leave or stay.

75.

“Big Brother” was probably the first of the new reality shows,but such a programme has developed.Many have found appeal(有吸引力) by having a theme to them,but most are based on the principle of “survival of the fittest”by eliminating(排除) participants(参与者) as the series progresses .So we have the dating shows where winners either pair off or stay true to their partners outside the TV studio.Then there are those that test people’s abilities for specific jobs like running a kitchen, becoming an interior designer or a top model.

76.

Critics say these programmes are basically bad television, but people watch them. So why are there so many of them? For the viewer it’s an opportunity to “people watch”.It’s natural to like watching other people. They’re interesting.We can imagine what we would do in that situation.We get to know the characters and see them grow and develop week after week.And of course, television is the perfect place to watch people.Like the theatre or cinema we can look at other people and they can’t look back.But with television, we can watch in our own homes. We watch,but we don’t have to admit it to anyone.

77.

The TV companies like reality shows because they are cheap to produce and attract younger viewers, which advertisers like.The last “Big Brother” in Britain attracted enormous(巨大的) advertising revenue. They aren’t dependent on “star” actors with enormous salaries. And your actors won’t go on strike. And why do people participate in them?Well,for fame and money of course.In the past,appearing on television wasn’t for ordinary people.You had to be good at something,like sport, or reading the news, or acting .But not any more

78.

It seems that most shows do well at the beginning but then the viewing figures begin to fall .And it varies from country to country too. For example ,one show had an adopted child try to guess the identity of her real father,and another had a family arguing over an inheritance(遗产).Both were cancelled after one episode(一集).Perhaps the novelty(新鲜感) has worn off.Certainly, reality TV seems to appeal much more to the younger audience. And now there are so many shows around even the young have become more critical. Reality show will probably survive—it’s just no longer so easy to make a successful one .

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