问题 不定项选择

(三)尔玛超市采取自助式存包,即消费者自行将物品存放在超市提供的密码箱里,然后消费者自行保存密码存条,消费完毕后自行凭密码取出所存物品。一日,甲前往尔玛超市购物,临进入超市前,甲按照超市自助式存包的程序将随身物品保存。之后,甲在超市里购物若干,结帐完毕,甲走出超市防盗门时,突然防盗门警报大作,引来多方侧目,甲在尴尬中随闻讯而来的超市保安进入值班室,经过查证是由于超市收银员疏忽,没有将所有物品消磁所致。甲出来后,到超市存包处取包,发现密码箱中空无一物,甲丢失手机一部,现金三万,掌上电脑一部。经调查,是有消费者乙声称丢了密码存条,超市工作人员就用钥匙打开了甲存放物品的密码箱,使此消费者将甲的物品取走。请根据以上情节回答下列问题:

对于超市收银员的疏忽所导致的事件,甲可否要求超市进行赔偿的说法,错误的是( )。

A.可以要求超市进行赔偿,因为超市的过错行为侵犯了甲的名誉权

B.不能要求超市进行赔偿,因为超市的过错行为未对甲造成任何影响

C.可以要求超市进行赔偿,因为超市的过错行为侵犯了甲的荣誉权

D.不能要求超市进行赔偿,因为超市不存在过错

答案

参考答案:B,C,D

解析:解析:名誉权是民事主体就自身属性和价值所获得的社会评价和自我评价享有的保有和维护的人格权。《民法通则》第101条规定:“公民、法人享有名誉权,公民的人格尊严受法律保护,禁止用侮辱、诽谤等方式损害公民、法人的名誉。”对于名誉权的侵权,《民通意见》第140条规定:“以书面、口头形式宣扬他人的隐私,或者捏造事实公然丑化他人人格,以及用侮辱、诽谤等方式损害他人名誉,造成一定影响的,应当认定为侵害公民名誉权的行为。”在本题中,“甲结帐完毕,走出超市防盗门时,突然防盗门警报大作”,且“引来多方侧目,甲在尴尬中随闻讯而来的超市保安进入值班室”,依照一般常识,防盗门警报大作意味着甲身上有未结帐的物品,且甲还跟随保安进入值班室调查,对此,是由于“超市收银员疏忽,没有将所有物品消磁所致”,即超市对此有过错。因此,由于超市主观上的过错导致“捏造事实”的产生,且公然影响到甲的名誉,造成了一定影响,甲可以基于此要求超市承担侵权责任。

单项选择题
阅读理解

Computer programmer David Jones earned £35,000 a year designing new computer games, yet he cannot find a bank prepared to let him have a check card, he has been told to wait another two years until he is 18.

He works for a small firm in Liverpool, where most young people of his age are finding jobs. David’s biggest headache is what to do with his money. Though he has high payment, he cannot drive a car, or get credit card(信用卡).

David got his job four months ago, a year after leaving school with six O-levels(普通成绩)and working for a time in a computer shop. “I got the job because the people who run the firm knew I had already written some programs,” he said.

“I suppose £35,000 sounds a lot but I hope it will come to more than that this year.” He spends some of his money on records and clothes, and gives his mother £20 a week as he lives with his parents. But most of his spare time is spent working.

“Unfortunately, computing was not part of our studies at school, ” he said. “But I had been studying it in books and magazines for four years in my spare time. I knew what I wanted to do and never considered staying on at school. Most people in this business are fairly young, anyway. I would like to earn a million and I suppose early retirement(退休) is a possibility. You never know when the market might disappear.”

小题1:Why is David so different from other young people of his age?

A.He earns an extremely high payment

B.He has got a job.

C.He lives at home with his parents.

D.He does not go out much.小题2:David’s greatest problem is that______.

A.he can’t be treated as an adult by the bank.

B.he doesn’t make as many games as he wishes.

C.he doesn’t know what to buy with the money.

D.he is too young to drive a car.小题3:He was employed by the company because ____.

A.he had worked in a computer shop.

B.he had written some computer programs.

C.he is clever and works hard at his lessons.

D.he had learnt to use computers at school.小题4:He left school after taking six O-levels because____.

A.he was afraid of getting too old to start computing.

B.he did not enjoy school.

C.he wanted to work with computers.

D.he wanted to earn a lot of money.小题5:Why does David think he might retire early?

A.He thinks computer games might not always sell so well.

B.He wants to stop working when he is a millionaire.

C.One has to be young to write computer programs.

D.He thinks his firm might close down.