问题 问答题

案情:张某在一风景区旅游,爬到山顶后,见一女子孤身站在山顶悬崖边上,目光异样,即心生疑惑。该女子见有人来,便向悬崖下跳去,张某情急中拉住女子衣服,将女子救上来。张某救人过程中,随身携带的价值2000元的照相机被碰坏,手臂被擦伤;女子的头也被碰伤,衣服被撕破。张某将女子送到山下医院,为其支付各种费用500元,并为包扎自己的伤口用去20元。当晚,张某住在医院招待所,但已身无分文,只好向服务员借了100元,用以支付食宿费。次日,轻生女子的家人赶到医院,向张某表示感谢。 问题:

张某应否赔偿女子衣服损失?为什么?

答案

参考答案:不应赔偿。因为此系在紧急情况下无过失造成(1分)。

解析:根据民法理论,管理人只有在故意或者重大过失造成本人损失的情况下承担损害赔偿责任。本题中张某系在紧急情况下作出的行为,主观上并无过错,因此不应赔偿。

名词解释
单项选择题

While the ripples of America’s subprime-mortgage crisis have spread far and wide, Latin America—a place long associated with financial disaster—has remained improbably calm. Banks have reported no unpleasant surprises. Brazil and Peru have been blessed with coveted investment-grade ratings. Surprisingly, perhaps the fleetest country of all has been Argentina. Since it emerged from the financial crisis of 2001-02, it has been one of the world’s fastest-growing economies. It is expected to expand faster than most of its neighbors again this year.

Quite simply, it barely has any credit. Back when its economy virtually collapsed, the country suffered a run on its banks, followed by a freeze on withdrawals, and a massive currency devaluation. As a result, bank lending to the private sector shrivelled, from 23.8% of GDP in 2000 to 10.8% in 2003. Since then, it has rebounded to a piddling 13% ; by contrast, the ratio in Brazil was 36.5% in 2006. Almost all of these loans in Argentina are accessible only on a short-term basis.

Once its recovery began in June 2002, Argentina became a paradise for business. Unemployment of over 20% kept wages down, and the devaluation gave exporters an edge on foreign competitors. The ample productive capacity left idle by the crisis meant firms could expand without making big investments. And the windfall profits reaped by agricultural exporters, thanks to record commodities prices, enabled many of them to finance new projects out of earnings. Hence the economy could grow at almost 9% a year with little need for credit.

But such a lucky confluence of factors could not last. Starting in early 2005 ,.inflation picked up, a sign that the installed capacity was starting to limit output. Salaries and prices for raw materials increased sharply, cutting into profits. And farmers were particularly hard hit when the government nearly doubled the taxes in farm exports. Now, just as companies need to embark on big investments if they are to keep growing, their margins are no longer big enough to pay for the expansion and they need to borrow.

So, the time is ripe for the country’s financial system to recover. But a number of things are in the way. Foremost is Argentina’s business risk. Those in the informal economy (which represents over 40% of GDP) can neither save nor borrow legally, lest they become known to the taxmen. The rest remain cowed by memories of the crisis. Although Argentines have poured their savings into property, fuelling a construction boom, they still hold about four-fifths of their deposits abroad.

Inflation, fuelled by a public-spending binge, state-mandated wage increases, and a cheap currency, is not helping either. No one knows how high it is. The consumer-price index is doctored to keep the official rate below 10%, but private estimates suggest it is near 25%. Without a reliable index of inflation, lending is almost impossible, even for the medium term. And the central bank has kept interest rates ply negative in real terms, encouraging workers to spend their wages rather than to save.

According to the author, Argentina’s financial recovery has been blocked because()

A. companies never pay the tax

B. the banks cannot offer enough financial help

C. they do not have enough foreign investment

D. companies’ increased caution for the crisis