问题 单项选择题

甲的一头牛走失,乙牵回关入自家牛棚,准备次日寻找失主,当晚牛棚被台风刮倒,将牛压死。乙将牛肉和牛皮出售,各得款500元和100元。请人屠宰及销售,支出100元。下列哪一种说法是正确的?

A.甲有权要求乙返还一头同样的牛

B.甲有权要求乙返还500元

C.甲有权要求乙返还600元

D.甲有权要求乙按该牛的市价赔偿1000元

答案

参考答案:B

解析:无因管理是指无法律的规定或合同约定的义务,而基于为他人谋利益的目的,而为他人管理事物的行为。本题中,乙的行为符合无因管理的构成要件,乙履行了适当的管理义务,对于牛因台风刮倒牛棚将牛砸死,是由于不可抗力所致,乙的主观上不具有任何过错,因此乙对甲因牛的死亡所损失不负赔偿责任,故A项和D项说法错误。管理行为结束后,乙作为管理人因管理而取得的财物600元应当返还被管理人,被管理人甲应当向乙偿付管理人在管理活动中之处的100元费用。据此,B项说法正确;C项说法错误。

阅读理解

Have you ever been sad because you failed in something? If so, please remember, for often, achieving what you expect is not the most important thing. Here is a story to tell you why.

One day a little boy decided to dig a hole behind his house after watching a science program. As he was working, a couple of boys stopped by to watch.  "What are you doing?" asked one of the visitors. "I want to dig a deep hole all the way through the earth!" the boy answered excitedly.  The older boys began to laugh, telling him that it was impossible to do it. Then they left.

The little boy kept on digging and digging. Suddenly, a few small colorful stones caught his eyes. He collected them and put them into a glass jar patiently.  Humming a song, he went on digging. The jar was full soon. Then he talked to himself calmly and proudly, "Maybe I can't finish digging all the way through the earth, but look at what I have found in the process (过程) of digging !"

The boy's goal was too difficult, but it did cause him to go on, in other words, to cause us to keep working!

Not every goal will be achieved.  Not every job will end up with a success.  Not every dream will come true.  But when you can't achieve your goal, maybe you can say, "Yes, but look what I've found along the way! There are so many wonderful things that have come into my life because I tried to do something!" It is in the digging that life is lived. is the unexpected joy on the journey that really has a meaning.

小题1:What did the boy do after watching a program?

A. He bought a glass jar.            

B. He started to dig a hole.

C. He played with some visitors.

小题2:What did the older boys think of the little boy?

A. He was silly.                     

B. He was strict.

C. He was strong-minded.

小题3:When did the boy find the stones?

A. Before he met the older boys.     

B. When he wanted to give up digging.

C. After the older boys laughed at him.

小题4:What does the underlined sentence "It is in the digging that life is lived.” mean according to the article?

A. Life is to make a big success.      

B. Life is to find the colorful stones.

C. Life is on the way to achieve the goal.

小题5:Which is the best title for this article?

A. Enjoying the Process              

B. How to Achieve Goals

C. A Journey through the Earth