问题 单项选择题

2001年9月17日,某公司业务员丁先生到A市出差,当晚居住于该市四星级的阳光宾馆。丁先生按照宾馆相关管理规定将随身携带的一台价值2万5千元的笔记本电脑存放于宾馆贵重物品存放处保管。9月19日夜,阳光宾馆发生盗窃案,大量贵重物品被盗,其中也包括丁先生的笔记本电脑。案发后,宾馆工作人员已向公安部门报案,此案正在侦查过程中。丁先生要求宾馆赔偿其笔记本电脑,而宾馆不愿意,遂发生争议。则下列说法正确的是:()

A.该保管合同自双方达成保管协议时成立 

B.宾馆不能以将笔记本电脑放进了保险柜尽了必要的保管注意义务为由要求免责 

C.宾馆可以以此为刑事案件,有关部门正在侦查,自己并无过错为由要求免责 

D.由于双方均为过错,宾馆应当基于公平原则给丁先生予以补偿

答案

参考答案:B

解析:

考点:保管合同

  讲解:《合同法》第367条:“保管合同自保管物交付时成立,但当事人另有约定的除外。”A项错误。

  第369条第1款规定:“保管人应当妥善保管保管物。”第374条:“保管期间,因保管人保管不善造成保管物毁损、灭失的,保管人应当承担损害赔偿责任,但保管是无偿的,保管人证明自己没有重大过失的,不承担损害赔偿责任。”虽然宾馆将笔记本电脑放入保险柜中,但这并不说明保管人已经尽到了保管之责。而且根据本案例所设定的情景,应为有偿保管合同,对于此类保管合同,保管人应以善良管理人的注意程度进行保管,负抽象过失之责,即保管人对一切因自己过失而使保管物毁损、灭失的,都要承担赔偿责任。在本案例中,被盗本身即说明保管人存在疏忽,即有过失,因而不能免责。

  第107条:“当事人一方不履行合同义务或者履行合同义务不符合约定的,应当承担继续履行、采取补救措施或者赔偿损失等违约责任。”第121条:“当事人一方因第三人的原因造成违约的,应当向对方承担违约责任。当事人一方和第三人之间的纠纷,依照法律规定或者按照约定解决。”由此,违约责任采用无过错责任,因第三人原因造成的违约,违约方也应当承担违约责任。

阅读理解

Mrs. Janes gave music lessons at a school. She had a good voice and enjoyed singing, except that some of her high tones sound like a gate that had forgotten to oil. Mrs. Janes knew her weakness well, and took every chance she could find to practise these high notes. As she lived in a small house, where she could not practise without disturbing the rest of the family, she usually went for long walks along the country roads whenever she had time and practised her high notes there. Whenever she heard a car or a person coming along the road, she stopped and waited until she could no longer be heard before she started practicing again, because she was a shy person.

One afternoon, a fast, opened car came up behind her so silently and so fast that she didn’t hear it until it was only a few yards from her. She was singing some of her highest and most difficult tones at that time and as the car passed; she saw an anxious expression came over the driver’s face. He stopped his car suddenly, jumped out and began to examine all his tyres carefully.

Mrs. Janes didn’t dare to tell him what the noise he had heard really was, so he got back into the car and drove off.

小题1: How did Mrs. Janes sing?

A.She sang well, but she didn’t practise singing hard.

B.She enjoyed singing, but she had a terrible voice.

C.She was a good singer, but she could not sing the high tones well.

D.She sang terribly, she was no singer at all.小题2:Why did she go for long walks along the country roads?

A.Because she enjoyed the country’s fresh air.

B.Because she was afraid to disturb the rest of the family.

C.Because she lived in a small house far away.

D.Because she was afraid to practise the high tones.小题3: Why did the driver stop his car suddenly and jump out of it?

A.Because he supposed something must have gone wrong with his car.

B.Because he was moved by the pretty voice of Mrs. Janes.

C.Because he wondered what had happened to Mrs. Janes.

D.Because he frightened by the terrible voice of Mrs. Janes.小题4: Where did the noise come from?

A.From the small house.

B.From Mrs. Janes’ voice.

C.From the types.

D.From the engine.

单项选择题

In one sense, we can trace all the problems of the American city back (91) a single starting point: we Americans don’t like our cities very much.
That is, on the (92) of it, absurd. After all, more than three-fourths of us now live in cities, and more are (93) to them every year. We are told that the problems of our cities are (94) more attention in Washington, and scholarship has discovered a whole new (95) in urban studies.
(96) , it is historically true: in the American psychology, the city has been a basically suspect institution, (97) with the corruption of Europe, totally lacking that sense of spaciousness and innocence of the (98) and the rural landscape.
I don’t pretend to be a scholar on the history of the city in American life. But my thirteen years in public (99) , first as an officer of the U. S. Department of Justice, then as Congressman, and now as Mayor of the biggest city in America have taught me (100) too well the fact that a p antiurban attitude (101) consistently through the mainstream of American thinking. Much of the (102) behind the settlement of America was in reaction (103) the conditions in European industrial centers and much of the theory (104) the basis of freedom in America was linked directly to the availability of land and the perfectibility of man outside the corrupt influences of the city.
What has this to do with the predicament of the modern city I think it has (105) to do with it. For the fact is that the United States (106) the federal government, which has historically established our national priorities, has simply never thought that the American city was "worthy" of (107) —at least not to the (108) of expending any basic resources on it.
Antipathy to the city predates the American experience. When industrialization (109) the European working man into the major cities of the continent, books and pamphlets appeared (110) the city as a source of crime, corruption, filth, disease, vice, licentiousness, subversion, and high prices.

A.particularly

B.almost

C.for instance

D.as for