问题 问答题

某镇捕鱼专业户张三的1250公斤鱼要卖。因其妻子急病入院需要他照顾,正巧其邻居李四开着拖拉机去城里给别人拉一批货。张三便与李四约好,由李四顺便将鱼拉到鱼市代卖,鱼价随行就市,销完抽5%给李四作为报酬。李四拉着鱼驶往鱼市,离鱼市还有四十余里时,突然迎面开来一辆大货车将拖拉机撞坏。警察说责任不在李四,责令对方给李四修车。但由于天热,拖拉机一时半会儿修不好,正好李四的同学王五开着车路过出事地点。李四怕鱼要变臭,又同张三联系不上,于是就求王五将拖拉机上的鱼拉到鱼市,能卖几个钱就算几个钱。  王五将鱼拉到鱼市时,正好碰到其表兄张一。张一得知这种情况后,便让王五将鱼处理给自己,然后他给王五500元回扣。王五怕张三知道情况后责怪自己,几经周折,最后拨通了张三的电话,告诉张三说鱼已不新鲜,按市价不好卖,要卖只能降低。张三让王五看着办。于是王五便以低于市场 1/3的价格将鱼处理给张一,张一依约给了王五 500元。事后李四从王五交给他的卖鱼款中扣下了约定的5%的报酬后,将其余的钱交给了张三。张三一算,如此一来,他少得了1 000多元,损失太大了,于是提出:原来说按市价卖出,就比例抽头,现在卖价低于市场价1/3,李某不应再拿5%的报酬了,而且他认为李四应赔偿在代销中给他造成的损失。

王五认为张三已让其"看着办",故其对张三的损失不负责。其说法是否能得到法院支持,为什么

答案

参考答案:张三的意思表示是在受王五欺诈的情况下作出的,是可以撤销的民事行为。若张三要求撤销其行为,则法院就不会支持王五的主张。

解析:对于第四个问题,根据《民通意见》第68条、《民法通则》第59条的规定,在本案中,张三同意降低鱼价的意思表示是在王五隐瞒真实情况下作出的,因而属于受欺诈而作出的意思表示,是可以撤销的法律行为。若张三请求法院撤销或变更其委托指示,则法院就不会支持王五的主张。

填空题

Do mobile phones cause explosions at petrol stations That question has just been exhaustively answered by Adam Burgess, a researcher at the University of Kent, in England. Oddly, however, Dr Burgess is not a physicist, but a sociologist. For the concern rests not on scientific evidence of any danger, but is instead the result of sociological factors: it is an urban myth, supported and propagated by official sources, but no less a myth for that. Dr Burgess presented his findings this week at the annual conference of the British Sociological Association.

Mobile phones started to become widespread in the late 1980s, when the oil industry was in the middle of a concerted safety drive, Dr Burgess notes. This was, in large part. a response to the Piper Alpha disaster in 1988, when 167 people died in an explosion on an oil platform off the Scottish coast. (41)__________So nobody questioned the precautionary ban on the use of mobile phones at petrol stations. The worry was that an electrical spark might ignite explosive fumes.

(42)__________But it was too late. The myth had taken hold.

One problem, says Dr Burgess, is that the number of petrol-station fires increased in the late 1990s, just as mobile phones were proliferating. Richard Coates, BP’s fire-safety adviser, investigated many of the 243 such fires that occurred around the world between 1993 and 2004. He concluded that most were indeed caused by sparks igniting petrol vapour, but the sparks themselves were the result of static electricity, not electrical equipment. Most drivers will have experienced a mild electric shock when climbing out of their vehicles. It is caused by friction between driver and seat, with the result that both end up electrically charged. When the driver touches the metal frame of the vehicle, the result is sometimes a spark. ( 43 )__________

(44)__________One e-mail contained fictitious examples of such explosions said to have happened in Indonesia and Australia. Another, supposedly sent out by Shell, found its way on to an internal website at Exxon, says Dr Burgess, where it was treated as authoritative by employees. Such memos generally explain static fires quite accurately, but mistakenly attribute them to mobile phones. Official denials, says Dr Burgess, simply inflame the suspicions of conspiracy theorists.

(45)__________Warning signs abound in Britain, America, Canada and Australia. The city of Sao Paulo, in Brazil, introduced a ban last year. And, earlier this month, a member of Connecticut’s senate proposed making the use of mobile phones in petrol stations in that state punishable by a $ 250 fine.

[A] The safety drive did not apply merely to offshore operations: employees at some British oil-company offices are now required to use handrails while walking up and down stairs, for example.

[B] As a result, the company had to pay a huge amount of compensation to the families of the victims and law suits concerning those fires seemed to be endless.

[C] A further complication was the rise of the internet, where hoax memos, many claiming to originate from oil companies, warned of the danger of using mobile phones in petrol stations.

[D] This is particularly noticeable in Britain. The country that led the way in banning mobile phones at petrol stations is also the country that has taken the pest line on the safety of mobile-phone use by children.

[E] Despite the lack of evidence that mobile phones can cause explosions, bans remain in place around the world, though the rules vary widely.

[F] By tile late 1990s, however, phone makers—having conducted their own research— realized that there was no danger of phones causing explosions since they could not generate the required sparks.

[G] This seems to have become more common as plastic car interiors, synthetic garments and rubber-soled shoes have proliferated.

41()

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