问题 单项选择题

甲公司铺设管道,在路中挖一深坑,设置了路障和提示标志,乙开车撞毁所有标志,导致丙骑摩托车路经此地时避让不及驶向人行道,造成丁轻伤。对于丁的损失,下列哪个选项说法正确______

A.应由乙承担赔偿责任
B.应由甲和乙共同承担赔偿责任
C.应由乙和丙共同承担赔偿责任
D.应由甲、乙、丙共同承担赔偿责任

答案

参考答案:A

解析: 《侵权责任法》第91条第1款规定:“在公共场所或者道路上挖坑、修缮安装地下设施等,没有设置明显标志和采取安全措施造成他人损害的,施工人应当承担侵权责任。”据此可知,施工侵权的归责原则为过错推定责任。本题中,施工单位甲公司已经设置了明显标志,因此,对丁的损失不应再承担责任。《侵权责任法》第31条规定:“因紧急避险造成损害的,由引起险情发生的人承担责任。如果危险是由自然原因引起的,紧急避险人不承担责任或者给予适当补偿。紧急避险采取措施不当或者超过必要的限度,造成不应有的损害的,紧急避险人应当承担适当的责任。”本题中,丙的行为属于紧急避险,且没有避险过当,也不应当承担责任。故本题中丁的损失,应由引起险情发生的乙承担赔偿。本题正确答案为B。

选择题
单项选择题

Democrats on the Senate Judiciary Committee vented their fury over high gasoline prices at executives of the nation’s five largest oil companies on Wednesday, grilling the oilmen over their multimillion-dollar pay packages and warning them that Congress was intent on taking action that could include a new tax on so-called windfall profits. Such showdowns between lawmakers and oil titans have become a familiar routine on Capitol Hill. But with gas prices nearing $ 4 a gallon, and lawmakers headed home for a weeklong Memorial Day recess where they expect to get an earful from angry constituents, there is added urgency for Congress to appear active.

But while momentum is building for several measures, including a bill that would allow the Organization of the Petroleum Exporting Countries to be sued in American courts under antitrust laws, there is little sign that any of the proposals would do much, if anything, to lower prices quickly. And the oil executives warned that government intervention might only make things worse. Instead, they called on Congress to allow more drilling and exploration for domestic oil.

The increasing urgency to seem aggressive about gasoline prices was apparent on Tuesday when the House voted by an overwhelming 324 to 84 to approve the bill, commonly referred to as NOPEC, which classifies OPEC as a monopoly in violation of the Sherman Antitrust Act. Senate Democrats have included that measure as part of a package of legislation intended to address the high price of gasoline, along with the tax on windfall profits and a measure to tamp down speculation in the oil futures market that many lawmakers think is contributing to the run-up in prices.

At the Judiciary Committee hearing, Democratic senators struggled to have the executives explain how oil prices had risen so high. The senators expressed doubt that basic laws of supply and demand were at work and suggested instead a more sinister combination of monopolistic behavior by oil-producing countries, speculation in the futures markets and sheer corporate greed.

On Monday, President Bush signed a bill temporarily suspending the purchase of crude oil for the nation’s Strategic Petroleum Reserve. Mr. Bush had initially opposed such action but relented after the House and Senate approved the bill by wide margins. Senator Richard J. Durbin, Democrat of Illinois and a p supporter of Senator Baraek Obama’s presidential bid, made a particularly pointed attack, in which he seemed to warn the oil executives that they would soon no longer have such a good friend in the White House. He also suggested that Mr. Bush should be doing more to press the oil companies to help lower prices at the pump, while acknowledging that it would be difficult to pass a windfall profits tax while Mr. Bush was still in office.

What can we infer form the last paragraph()

A. The nation’s Strategic Petroleum Reserve is more than adequate

B. Democrats argue that greedy oil companies are the key factor of jumping oil price

C. President Bush used to be reluctant to drag down the oil price

D. The federal law bans the windfall profits tax in Bush Government