问题 单项选择题

1997年5月,张某从华丰商场购买了一台热水器。同年6月,该热水器因质量问题给张某造成了人身伤害。1998年10月,张某向华丰商场提出交涉。双方协商未果,张某于同年12月向人民法院提起诉讼。张某有权请求华丰商场承担何种民事责任( )

A.仅有权请求华丰商场承担侵权责任
B.仅有权请求华丰商场承担违约责任
C.有权请求华丰商场承担侵权责任和违约责任
D.只能在请求承担侵权责任或违约责任中选择其一

答案

参考答案:D

解析: 《合同法》第122条规定:“因当事人一方的违约行为,侵害对方人身、财产权益的,受损害方有权选择依照本法要求其承担违约责任或者依照其他法律要求其承担侵权责任。”本案中,虽然华丰商场与张某形成买卖合同关系,华丰商场交付产品存在质量问题而构成违约,有问题的产品致张某受伤而形成加害给付,因此本案出现违约责任与侵权责任竞合问题,所谓责任竞合,是指一个违法行为符合多个责任构成要件。导致多种责任并存的情形。依上述法律规定只能选择其一适用。

单项选择题
单项选择题

When is an endangered species not an endangered species When it lives in the sea, apparently. Despite continuing carnage in the ocean, marine creatures were refused any protection at the United Nations conference on trade in wildlife that ended yesterday in Doha, Qatar.

Tigers, rhinos and elephants are all better protected after the meeting of the Convention on International Trade in Endangered Species (Cites). But hammerhead sharks, bluefin tuna and other marine species should be quaking in their skins. For when it comes to fish, the world has decided that scientific evidence of imminent demise is not reason enough to defend them against overexploitation. The conflict between trade and conservation is nothing new, but it is pretty well established that if you let trade in wildlife run rampant (蔓延的), soon there will be nothing left to sell. That is why the UN set up Cites in the first place.

So why did fish get such a raw deal Is it that we care less about life that is so very different from us Do the emotionless eyes of fish leave our hearts cold Is it an extension of the convenient myth that fish feel no pain The truth is far more shocking. All fingers of blame point directly at Japan. The high value of bluefin tuna--a single specimen can reach $112 000--led it to orchestrate a full-scale campaign against proposals to ban trade in the species. Diplomatic missions were sent to developing nations to bully them into agreeing with Japan’s conviction that fish cannot be endangered.

That way of thinking is grounded in ignorance. The oceans long seemed infinite in their capacity to produce such riches, and any sign that this was not so was hidden by our inability to peer into the depths. Science has now stripped back the veil and revealed the extent of the depletion. It is this science that Japan and its allies have chosen to not to see.

Unfortunately for life in the sea, Japan’s campaign made waves far beyond the bluefin. Sharks are in dire trouble thanks to some people’s appetite for using their fins in soup. About 73 million sharks are killed each year as a result, and sharks don’t reproduce fast. But far from favoring a ban, nations voted against even the most basic monitoring of the trade.

Red and pink corals have now all but vanished from the Mediterranean and are being stripped from the Pacific, but proposals to control that trade were also swept away. Fish don’t recognise borders and boundaries. Yet one nation, Japan, by its cynical use of political power is robbing the world of a shared resource.

The word "carnage" (Line 2, Paragraph 1) is closest in meaning to "()".

A.slaughter

B.protection

C.attention

D.neglect