问题 问答题

一天,某石灰厂放炮炸石。在经过观望、呼喊、吹哨等程序后,在认为安全的情况下点火。于某这一天赶着马车来装石灰,正赶上放炮,碎石将于某砸伤,花去医药费若干。于某让石灰厂赔偿,石灰厂认为自己在放炮之前,采取了必要的安全措施,于某自己对损失有过错,所以,石灰厂不承担责任。问: (1)对于某的损失,石灰厂有无责任 (2)于某可以提出哪些理由支持自己的诉讼请求

答案

参考答案:

解析:[答案要点] 对于某的损失,石灰厂有责任。于某可以从以下两个方面支持自己的诉讼请求: 第一,石灰厂放炮炸石的作业属于《民法通则》规定的高度危险作业,对周围环境有高度危险,因高度危险作业造成他人损害的,属于特殊侵权行为。其责任构成只需具备有损害事实以及损害事实与高度危险作业之间有因果关系即可,而无需证明作业人有过错。本案中,石灰厂虽然在放炮时,也采取了一些安全防范措施,但仍然造成了于某的损失,所以,石灰厂应承担相应责任。 第二,根据《民法通则》的规定,高度危险作业造成他人损害的免责条件是:证明损害是由受害人的故意造成的。本案没有证据表明于某是故意闯入作业区,故意要造成自己受伤的,他只是没有听到警示。所以本案不存在作业人免责的条件,石灰厂应对于某的损失负责任。

完形填空

第二卷

一. 语法填空(共20小题, 每小题1分, 满分20分)

阅读下面短文, 按照句子结构的语法性和上下文连贯的要求,在空格处填入一个适当的词语或使用括号中词语的适当形式填空, 并将答案填写在答案卡上。

A

I know a man called John Smith who is a very unusual millionaire. ___1___makes him unusual is that he has no money. He says the average millionaire never uses money and always gets other people to pay for taxis or drinks. This is because he is __2____used to thinking in millions that small amounts of money are not worth thinking about. But this does not mean he has no worries. On the contrary , the average millionaire worries constantly about his business. His great wealth also makes __3___ difficult for him to be happy and comfortable with other people. Are they friendly because they like him? __4____ do they pretend to like him because they want his money? John Smith says he feels very sorry for millionaires, __5__, instead of being masters of their wealth, are slaves of their money . In one way, ___6__, John Smith always behaves exactly like a millionaire. I mean he never has any money and __7___(general) manages to persuade someone else to pay for his drinks. But ___8___other very rich men, he gives back good value for money. He is full of jokes and fun.An evening ___9____(spend) with him is not cheap, because he is unusually very thirsty,but he always makes people happy. He does not give much thought for tomorrow. He is the happiest man I have ever met. Whenever I meet him, he tells me,” In money I am not rich ,but in peace of mind I am a millionaire,” And then the world’s richest, 10__(penny) man usually adds, with a smile,” Do you have time for another drink? “ How can I refuse?”

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