当前位置:首页学历类成考(专升本)民法(专升本)->下列选项中,适用过错责任原则的是(  )。

下列选项中,适用过错责任原则的是(  )。

  • A.李某家的狗咬伤邻居
  • B.某企业存放的炸药爆炸造成他人损害
  • C.某企业运输的剧毒化学物品泄漏造成他人损害
  • D.国家机关公务员王某外出旅游时打伤宾馆服务员
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答案: D
本题解析:

本题属于法条理解应用题,考核的知识点是过错责任原则的适用范围。过错责任原则,是指以行为人的过错作为归责根据的原则。依我国《侵权责任法》的规定,以过错责任原则作为侵权责任的一般归责原则,就是说,在法律没有特别规定的情况下,对侵权责任的认定,都适用过错责任原则。同时该法还规定了适用无过错责任原则的具体情形,其中包括高度危险责任、产品责任、环境污染责任、饲养动物损害责任等。本题中选项A是饲养动物致人损害、选项B和C是高度危险致人损害,选项A、B、C都应依法适用无过错责任原则。只剩选项D既是侵权行为,又不属于应承担无过错责任的情形,应作为一般侵权行为而适用过错责任原则,故本题应选D。 【评注】(1)需要理解和熟记各种民事责任的归责原则,同时应能够对具体的事例准确地作出责任性质的判断;

(2)关于民事责任的归责原则,出题概率是极高的,应予以重视。

更新时间:2021-12-18 00:06

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Which of the following happened during their canoe trip?

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This would be a romantic adventure. We would row the canoe on the lake under a beautiful bluesky. I was confident it would all go according to plan.?

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