题目详情

某日,张女士乘坐一辆无人售票公交车去上班。当时车上很拥挤,张女士只好站在门口的台阶上。当汽车驶离车站约20米处时,驾驶员甲见有乘客招手要上车,在未提醒张女士注意的情况下打开了车门。张女士为避免被甩出车外,情急之下抓住了站在她身边的乘客乙,致使乙肩上的背包滑落,包中的数码相机摔坏。乙要求张女士赔偿。张女士认为,损失是由于驾驶员甲的过错引起的,应由甲来赔偿。问:

(1)张女士的行为是否构成紧急避险为什么

(2)乘客乙的损失应该由谁来赔偿为什么

正确答案及解析

正确答案
解析

【答案要点】(1)构成紧急避险。理由:紧急避险是指为了防止公共利益、本人或者他人的合法权益免受正在发生的危险,不得已而采取的损害较小利益的行为。本案中,张女士为了避免自己的合法人身、财产利益不受损害,面对正在发生的危险,迫不得已采取了相应措施,侵害了乘客乙的较小利益,构成紧急避险。 (2)应当由驾驶员甲所在的公交公司来承担赔偿责任。理由:依据我国法律规定,因紧急避险造成损害的,由引起险情发生的人承担民事责任:企业法人对他的法定代表人和其他工作人员的经营活动承担责任。本案中,险情系由驾驶员甲的行为引起。所以,应当由驾驶员甲所在的公交公司来承担赔偿责任。

【解析】本题属于案例综合分析题,考核的知识点是职务侵权行为及其责任。

你可能感兴趣的试题

问答题

学校将组织一次英语演讲比赛,打算邀请外教(John)来做评委。请你(Li Yuan)给他写一封e—mail,内容包括:?

·邀请他担任评委(judge);?

·告知他比赛安排(如:时间、地点等);?

·希望他赛后进行点评;?

·期待他能接受邀请。

查看答案
单选题

A.I am free on Sunday.

B.See you then!

C.Where are you planning to go?

D.No,thanks.

E.I need a break!

F.Would you like to join us?

G.That is a lovely place.

H.When shall we leave?

Daniel:How are you doing,Linda?

Linda:To be honest,I am really tired of my

  • A.见图A
  • B.见图B
  • C.见图C
  • D.见图D
查看答案
单选题

Heahh care experts have long drawn attention to the problems of eating too much sah.There isstrong evidence that a diet high in salt can lead to raised blood pressure.Since high blood pressure is amajor factor in heart disease.it makes sense to cut down on the salt people eat.?

In the past,food contained very little salt,and people added it to their food at the table.Very fewpeople ?add ?salt this ?way ?nowadays.However,the ?salt ?content ?of processed ?foods has ?gone ?updramatically.It’s now estimated that over three.quarters of the salt in the average diet comes fromprocessed foods,eaten without our being aware of it.?

Salt is added to food partly to extend shelf-life.but more often it’s dropped in to make up for theflavor lost in the manufacturing process.This is especially true of ready meals and highly processedfoods.but it’s also true of such basic food as biscuits,soups,and even bread.Much mass—producedbread,for instance.contains so much salt.half a gram for every hundred grams of bread--that it’sofficiallv classified bv the UK government as high——salt food.Salt has to be added to the bread becausefast Droduetion cuts down the time for the flavor to develop.Without added salt,the bread would tastelike paper.?

In the UK,the government has launched a campaign to cut down on the salt people eat.The UK Food Standards Agency argues that nearly half of the UK’s population eat too much salt—9.5 9 a day onaverage.Its aim is to bring down the average t0 69 a day.The idea is to cut the salt content in 85 keyfood categories such as bread.meat.and cakes.?

?What is the passage mainly about?

  • A.Salt and food flavor
  • B.Salt and people' s lifestyle
  • C.Salt and food processing
  • D.Salt and people' s health
查看答案
单选题

Heahh care experts have long drawn attention to the problems of eating too much sah.There isstrong evidence that a diet high in salt can lead to raised blood pressure.Since high blood pressure is amajor factor in heart disease.it makes sense to cut down on the salt people eat.?

In the past,food contained very little salt,and people added it to their food at the table.Very fewpeople ?add ?salt this ?way ?nowadays.However,the ?salt ?content ?of processed ?foods has ?gone ?updramatically.It’s now estimated that over three.quarters of the salt in the average diet comes fromprocessed foods,eaten without our being aware of it.?

Salt is added to food partly to extend shelf-life.but more often it’s dropped in to make up for theflavor lost in the manufacturing process.This is especially true of ready meals and highly processedfoods.but it’s also true of such basic food as biscuits,soups,and even bread.Much mass—producedbread,for instance.contains so much salt.half a gram for every hundred grams of bread--that it’sofficiallv classified bv the UK government as high——salt food.Salt has to be added to the bread becausefast Droduetion cuts down the time for the flavor to develop.Without added salt,the bread would tastelike paper.?

In the UK,the government has launched a campaign to cut down on the salt people eat.The UK Food Standards Agency argues that nearly half of the UK’s population eat too much salt—9.5 9 a day onaverage.Its aim is to bring down the average t0 69 a day.The idea is to cut the salt content in 85 keyfood categories such as bread.meat.and cakes.?

Which of the following is classified as high—salt food by the UK government?

  • A.Mass.produced bread
  • B.Light-cooked meat
  • C.Sweet biscuits
  • D.Fresh vegetables
查看答案
单选题

Heahh care experts have long drawn attention to the problems of eating too much sah.There isstrong evidence that a diet high in salt can lead to raised blood pressure.Since high blood pressure is amajor factor in heart disease.it makes sense to cut down on the salt people eat.?

In the past,food contained very little salt,and people added it to their food at the table.Very fewpeople ?add ?salt this ?way ?nowadays.However,the ?salt ?content ?of processed ?foods has ?gone ?updramatically.It’s now estimated that over three.quarters of the salt in the average diet comes fromprocessed foods,eaten without our being aware of it.?

Salt is added to food partly to extend shelf-life.but more often it’s dropped in to make up for theflavor lost in the manufacturing process.This is especially true of ready meals and highly processedfoods.but it’s also true of such basic food as biscuits,soups,and even bread.Much mass—producedbread,for instance.contains so much salt.half a gram for every hundred grams of bread--that it’sofficiallv classified bv the UK government as high——salt food.Salt has to be added to the bread becausefast Droduetion cuts down the time for the flavor to develop.Without added salt,the bread would tastelike paper.?

In the UK,the government has launched a campaign to cut down on the salt people eat.The UK Food Standards Agency argues that nearly half of the UK’s population eat too much salt—9.5 9 a day onaverage.Its aim is to bring down the average t0 69 a day.The idea is to cut the salt content in 85 keyfood categories such as bread.meat.and cakes.?

What can be inferred about people’s use of salt in the past?

  • A.People used salt to control blood pressure
  • B.People ate much salt in their average diet
  • C.People were clear about the harmful effect of salt
  • D.People didn ’t eat so much salt as we do today
查看答案

相关题库更多 +