问题 多项选择题

甲发现一头牛在自家田里吃麦苗,便将此牛牵回进行喂养。过了10天,乙发现自家走失的牛在甲家牛圈,向甲要牛。甲让乙将牛牵回但提出了一些请求,双方为此发生纠纷。现问甲的如下诉讼请求哪些能够成立?()

A.甲请求乙支付麦苗损失费

B.甲请求乙支付拾牛报酬

C.甲请求乙支付饲料费

D.甲请求乙支付误工损失费

答案

参考答案:A, C, D

解析:本题涉及无因管理之债的效力问题。根据《民通意见》第132条规定,在无因管理之债中,管理人或者服务人可以要求受益人偿付必要费用,包括直接支出的费用以及在该活动中受到的实际损失。本题正确选项为ACD。

阅读理解

I went on line to check if my pay was in my bank account(账户). To my amazement I discovered that not only had I been paid, but a company I’d never worked for had also paid me! I know I would have been beside myself (情绪失控) if my own salary was not in my account, so I tried to get the money back to the right person. Easier said than done.

The bank couldn’t help as it “wasn’t a bank problem.” The human-resource department at the company that paid me was unable to help as I didn’t have enough details. I rang the bank again. Thankfully I had a sympathetic call operator who gave me a name, so I again rang the company “Daniel” worked for.

I expected the bank would contact me to arrange to take the money from my account and repay Daniel. I heard nothing for a month and the money remained in my account when Daniel called, explaining he’d tried to get back his money but had been unsuccessful as neither the bank nor his company felt it was their error. He had rung to ask if I could speak to the bank, but after chatting for a few minutes we realized we could probably fix this problem ourselves.

We decided I would take the money from my account and he would pick it up from me. Due to my busy job I was unable to meet Daniel personally but he left me a lovely bottle of wine in exchange for what was rightfully his. I never had any intention of keeping Daniel’s pay but red tape(繁琐手续)made it difficult to do the right thing. It all came down to two people being able to do what a huge bank and a large company couldn’t do — admit a mistake has occurred and fix it.

小题1:What was the attitude of the author towards the extra money in his bank account?

A.He didn’t know what to do with it.

B.He felt lucky to get it.

C.He thought of keeping it for himself.

D.He wanted to return it to the right person.小题2: How was the problem solved in the end?

A.The author and Daniel solved the problem themselves.

B.It cost Daniel a lovely bottle of wine to get back his money.

C.The author gave the money back to the company.

D.The call operator offered to solve their problem.小题3:From the passage we can infer that _________.

A.the bank could solve the problem soon and easily with the red tape

B.some large organizations usually have troublesome official rules

C.Daniel didn’t know the error until he contacted the author

D.it was easy for a company to have a mistake which had occurred fixed

单项选择题