问题 问答题

案情:张某在一风景区旅游,爬到山顶后,见一女子孤身站在山顶悬崖边上,目光异样,即心生疑惑。该女子见有人来,便向悬崖下跳去,张某情急中拉住女子衣服,将女子救上来。张某救人过程中,随身携带的价值2000元的照相机被碰坏,手臂被擦伤;女子的头也被碰伤,衣服被撕破。张某将女子送到山下医院,为其支付各种费用500元,并为包扎自己的伤口用去20元。当晚,张某住在医院招待所,但已身无分文,只好向服务员借了100元,用以支付食宿费。次日,轻生女子的家人赶到医院,向张某表示感谢。 问题:

张某向服务员借的100元,应当由谁偿付?为什么?

答案

参考答案:由女子偿付。因受益人对无因管理行为中发生的正当债务有清偿之义务。或答由张某偿付。因该款系张某所借,基于合同的相对性原理(1分)。

解析:同上题,此题中的费用属于第二项的费用。如果从合同的相对性角度分析,鉴于是张某向服务员借钱,当然应当由张某负担。

阅读理解

阅读理解。

     When I was about 12, I had an enemy, a girl who liked to point out my shortcomings (缺点).

Sometimes she said I was thin. Sometimes she said I was lazy. Sometimes she said I wasn't a good

student. Sometimes she said I talked too much, and so on. I tried to put up with (忍受) her as long as I

could. At last, I became very angry. I ran to my father with tears in my eyes.

     He listened to me quietly, and then he asked, "Are the things she said true or not? Mary, didn't you

ever wonder what you're really like? Go and make a list of everything she said and mark the points that

are true. Pay no attention to the other things she said."

     I did as he told me and to my surprise, I discovered that about half the things were true.

     I brought the list back to my dad. He refused to take it. "That's just for you," he said. "You know

better than anyone else the truth about yourself. When something said about you is true, you'll find it

will be helpful to you. Don't shut your ears. Listen to them all, but hear the truth and do what you think

is right."

     Many years have passed. The situation often appears in my mind. In our life we often meet with

some trouble and we often go to someone and ask for advice. For some advice you will treasure (珍惜)

all your life!

1. What did the writer's father do after he heard her complaints (抱怨)?

A. He agreed with her "enemy".

B. he let her continue to put up with her "enemy".

C. He told her to write down all her "enemy" had said about her.

D. He told her not to pay attention to what her "enemy" had said.

2. The writer felt________ when she did the things as her father had told her.

A. surprised      

B. angry      

C. disappointed      

D. sad

3. Which of the following can we know from the passage?

A. The "enemy" thought the writer was pretty.

B. The "enemy" thought the writer studied hard.

C. The writer and her "enemy" became best friends at last.

D. The writer is grateful to her father.

4. Which of the following can be the best title of the passage?

A.My Parents

B.A Serious Criticism (批评)

C.What People Say About You Is Always Right

D. The Best Advice I Ever Had

单项选择题