问题 单项选择题

某个体户赵某开办了一家包子铺,服务员刘某在送茶的时候因为心情郁闷,明明看见顾客王某急速走过来,还不避让,撞上了顾客王某,造成王某被烫伤。就王某受到的损害,如何承担责任

A.应由赵某承担责任
B.应由刘某承担责任
C.赵某和刘某承担连带责任
D.应由刘某承担,赵某承担补充责任

答案

参考答案:C

解析:[考点] 雇员侵权责任
法条依据在于《人身损害赔偿解释》第9条:“雇员在从事雇佣活动中致人损害的,雇主应当承担赔偿责任;雇员因故意或者重大过失致人损害的,应当与雇主承担连带赔偿责任。雇主承担连带赔偿责任的,可以向雇员追偿。
前款所称‘从事雇佣活动’,是指从事雇主授权或者指示范围内的生产经营活动或者其他劳务活动。雇员的行为超出授权范围,但其表现形式是履行职务或者与履行职务有内在联系的,应当认定为‘从事雇佣活动’。”
题中,可以认定刘某具有重大过失。因此雇主和雇员承担连带责任。

选择题
阅读理解

阅读理解。

   Students often meet with questions as follows: bullied by someone, worried about a weak subject,

puzzled by family problems or concerned about pets at home. All the questions above may make you

not concentrated on your study. Who can you turn to if you are such an unlucky student? A great person

to share your thoughts and feelings with is your school counsellor(顾问).

  Add school counsellors to the list of people you can turn to when you need help. They know how to

listen and can help kids with life's challenges(挑战). Counsellors have special training in how to help

kids solve problems, make decisions, and stand up for themselves. That doesn't mean your counsellor

will wave a magic wand and the problem will go away. But it does mean he or she will help you cope

with(应付) it. Coping is an important word to know. Sometimes, kids and grown-ups have difficult

problems. Coping means that someone is trying to handle these problems and make things better.

Your school counsellor is available for you and wants to make your school experience the best it can

be. The counsellor's job is to take your problem seriously and help you find a solution. The counsellor

also wants to help you learn as much as you can in class, be a contributing member of the school

community, and be a positive influence on your environment.

1. From the underlined sentence we may infer that ________.

A. a school counsellor is one of those who can help you

B. school counsellors are those you can make friends with

C. one needs various people to help him or her

D. one has to know and deal with all kinds of people at school

2. According to the passage, which of the following happens that you may not turn to the counsellors?

A. Other students treat you cruelly. 

B. You are too poor to go to school.

C. You are weak in one subject.

D. You have family problem.

3. What does the writer think of the school counsellors?

A. They can solve any questions you meet with.

B. They can help students get their life or study improved.

C. They are as important as teachers in schools.

D. They may punish those who have bullied you.

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

A. School counsellors 

B. School problems

C. Students' problems

D. Free counsellor