问题 问答题

案情:A房地产公司(下称A公司)与B建筑公司(下称B公司)达成一项协议,由B公司为A公司承建一栋商品房。合同约定,标的总额6000万元,8个月交工,任何一方违约,按合同总标的额20%,支付违约金。合同签订后,为筹集工程建设资金,A公司用其建设用地使用权作抵押向甲银行贷款3000万元,乙公司为此笔贷款承担保证责任,但对保证方式未作约定。
B公司未经A公司同意,将部分施工任务交给丙建筑公司施工,该公司由张、李、王三人合伙出资组成。施工中,工人刘某不慎掉落手中的砖头,将路过工地的行人陈某砸成重伤,花去医药费5000元。
A公司在施工开始后即进行商品房预售。丁某购买了1号楼101号房屋,预交了5万元房款,约定该笔款项作为定金。但不久,A公司又与汪某签订了一份合同,将上述房屋卖给了汪某,并在房屋竣工后将该房的产权证办理给了汪某。汪某不知该房已经卖给丁某的事实。
汪某人住后,全家人出现皮肤瘙痒、流泪、头晕目眩等不适。经检测,发现室内甲醛等化学指标严重超标。但购房合同中未对化学指标作明确约定。
因A公司不能偿还甲银行贷款,甲银行欲对A公司开发的商品房行使抵押权。
问题:

对于陈某的赔偿,应当适用何种归责原则依据是什么

答案

参考答案:《民法通则》第125条规定:“在公共场所、道旁或者通道上挖坑、修缮安装地下设施等,没有设置明显标志和采取安全措施造成他人损害的,施工人应当承担民事责任。”

阅读理解

“It was all his own idea, ” says Pat Peters, the 38-year-old wife of Palo Alto, California high school football coach Bob Peters, 39. Bob had just drawn up a “motherhood contract” -a document(文件) stating that for 70 days this summer he would take over the care and feeding of the couple’s four children, plus all household chores(杂务). Although he didn’t even know how to make coffee when he signed, he was quite confident.(He thought the experience would make a nice book.)

After 40 of the 70 days, he was ready to give up. “I was beaten down, completely humbled, ” admits Peters. Three weeks later he spoke to the local press(also part of the bargain), stating, “Not only is motherhood a difficult task, not only is it never-ending, it is an impossible job for any normal human being.”

Bob and Pat were high school sweethearts. After they were married in 1960, she worked as a secretary to help put him through university. Since then Bob has been the football and wrestling coach at Palo Alto’s Cubberley High while Pat raised the kids.

Then two years ago Pat went back to work as a secretary at Cubberley. “I had been around children so much,” she sighs(叹气), “I couldn’t talk to a grown-up.” She continued to run the household, however-until Bob signed the contract, whereupon she decided to relax and enjoy it.

Although Peters had consulted(咨询) with his school’s home economics teachers and the head of the cafeteria(食堂), his meals were sometimes a disaster. “I tried to slip the butter I’d forgotten under the eggs after they were frying, ” he says. For the last three weeks, the family ate out a lot—sometimes having Macdonald’s hamburgers for lunch and dinner.

As for housekeeping, a home economics teacher had told Bob that a room always looks clean if the bed is made. “I found an easier way-I shut the doors, ” he says. Soon the kids were wearing the same clothes for a week. “I made them wear their shirts inside out, and when we went to pick up Pat at work they turned them right side out so they would look clean.”

Now that Bob has publicly admitted he was wrong, he is routinely(日常地) sharing the child-raising and household tasks with Pat. The tentative(暂定的) title of his book about the summer is taken from something he shouted at the kids one day.

小题1:The couple signed the contract because _______.

A.Pat complained a lot about her doing the housework all by herself

B.Bob loved taking care of children and wanted his wife to have a good rest

C.they agreed that husband and wife should share household tasks

D.Bob thought it easy to take care of the family and wanted the experience for a book小题2:It was agreed that if Bob failed to keep to the contract, he would have to _______.

A.pay a certain amount of money

B.do all the housework for years

C.say sorry to his wife

D.admit publicly he was wrong about motherhood小题3:What can we learn about Pat Peters?

A.She was hard-working and selfless.

B.She was pretty and kind-hearted.

C.She was tired of the child-raising and household tasks.

D.She did not love Bob any longer.小题4:Which of the following is true according to the passage?

A.Bob managed to keep the kids’clothes clean.

B.Bob tried to cook good meals for his children.

C.Bob frequently took the kids out to eat because he was too busy at work.

D.Bob taught the kids to make their beds every day.小题5:Which of the following can best end the news story?

A.“My experience of being a mother.”

B.“I’m proud of you all, my dear!”

C.“Wait till your mother gets home!”

D.“Motherhood: an impossible job for anyone.”

选择题