问题 问答题

案情:
张某、李某、王某三人为邻居,王某家养一小狗。一日,王某不在家,小狗被关在门外。张某家6岁孩子小宝见到小狗后,有些害怕,于是贴着墙走,谁知小狗还是上前将小宝咬伤。恰逢李某路过,见小宝被咬伤,敲张家门,张家亦没人,于是,李某带小宝去医院打针。临走时,李某怕小狗再次伤人,于是将小狗一起带走。途中,小狗挣脱狗链逃跑,李某将小宝放在路边,跑过去追小狗,结果还是没有追上,回来找小宝时,发现小宝被路过的自行车刮倒,手臂擦伤。李某带小宝到医院,打狂犬疫苗花费150元,治疗擦伤花费100元。
问题:
1.小狗将小宝咬伤的责任由谁来负

答案

参考答案:李某可以向张某主张打狂犬疫苗的150元钱。李某出于无因管理,带小宝去医院打针,因此花费的费用李某有权主张张某偿还。

解析:[考点] 无因管理人的权利
《民法通则》第93条规定,没有法定的或者约定的义务,.为避免他人利益受损失进行管理或者服务的,有权要求受益人偿付由此而支付的必要费用。《民通意见》第132条规定,《民法通则》第93条规定的管理人或者服务人可以要求受益人偿付的必要费用,包括在管理或者服务活动中直接支出的费用,以及在该活动中受到的实际损失。由此可以看出,无因管理人享有支出必要费用的偿还请求权、清偿所负必要债务的请求权,以及损害赔偿请求权。本题中,李某带小宝打针支出的150元,属于必要的费用,因此,有权请求张某偿还。

阅读理解

John is thirteen now. He began to study in a middle school two years ago. His home is in a small village and it’s nearly five kilometers from the school. He has to get up early in the morning. After a quick breakfast, he has to run to school and get there on time. His father hopes to borrow some money to buy a bike for him, but he knows his mother is always ill and his father spends much money on medicine. He doesn’t agree with him and keeps running there every day. Now he’s very strong and never late for class and his teachers often praise him.

Last week there was a sports meeting in his school. John ran faster than any other boy and won the boys’ 800 meters, 1,500 meters and 3,000 meters. The whole school knew him. He was very happy. He told his grandma about the good news as soon as he got home.

“I broke two school records today, Granny.” called out the boy.

To his surprise, the old woman wasn’t happy. She thought for a while and said, “I’m sorry to hear that. We have no money to pay for them, you know!”

小题1:John began to study in a middle school at the age of ___________.

A.nine

B.eleven

C.thirteen

D.fifteen小题2:John runs to school every day in order to _________.

A.keep healthy

B.win the boys’ race

C.make his teachers happy

D.get to school on time小题3: John doesn’t ask his father to buy him a bike because ________.

A.he doesn’t like riding a bike

B.he doesn’t like his father

C.his home is near the school

D.he knows his father doesn’t have enough money小题4:John ________ after the school sports meeting.

A.ran faster

B.worked harder

C.became famous

D.got a bike小题5:John’s grandma wasn’t happy because ________.

A.she thought John had broken some things and they had to pay for them

B.she thought John hadn’t done well in the school sports meeting

C.John’s father couldn’t afford to buy a bike

D.John’s mother was ill and they spent much money on her

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