题干
选择题
Respondent: Binhai People's Hospital
Address: No 7, Binhai Road, Binhai City
The following answer is given to Zhang Hua's claim for personal-injury compensation by the Binhai People's Hospital:
1. The respondent does not have a direct contractual relationship with Zhang Hua. Zhang Hua had an oral contract to remove the high-voltage meter cabinet with Binhai No. 2 Construction Installation Company on June 10, 2008. He was assigned by Binhai No. 2 Construction and Installation Company and therefore has no direct contractual relationship with the respondent.
2. Binhai No. 2 Construction and Installation Company should be responsible for compensating Zhang Hua for the following reasons. Firstly, according to PRC laws and relevant judicial interpretations, Binhai No. 2 Construction and Installation Company shall be responsible for any injury employees suffered in the contract performance. Secondly, Zhang Hua seriously violated the operational procedure in removing the high-voltage meter cabinet and failed to pay due attention thereto.
3. The respondent shall not be responsible for compensating the injuries of Zhang Hua. According to the General Principles of the Civil Law, any person engaged in highly dangerous operations shall be responsible for compensation. In this case, the respondent entered into a contract with Binhai No. 2 Construction and Installation Company, whereby the source of high danger shifted to Binhai No. 2 Construction and Installation Company. Binhai No. 2 Construction and Installation Company became the subject of the dangerous operation, and therefore any damages caused in the contract performance by Binhai No. 2 Construction and Installation Company have no connection with the respondent.
Therefore, Binhai People's Hospital is not liable for compensating Zhang Hua. We hereby request the court to reject the plaintiff's action according to law.
To：
Binhai City Intermediate People's Court
Respondent: Binhai People's Court
Date: May 10th, 2011
1. According to the plaintiff, should be responsible for compensating Zhang Hua.
A. Binhai People's Hospital
B. Binhai No. 2 Construction and Installation Company
C. Binhai City Intermediate People's Court
2. Zhang Hua had an oral contract with .
A. 2 Construction and Installation Companies
B. Binhai No. 2 Construction and Installation Company
C. Binhai City Intermediate People's Court
3. The respondent stated reasons to reject Zhang Hua's claim.
A. 1
B. 2
C. 3
4. Zhang Hua himself bear some responsibilities.
A. should
B. shouldn't
C. mustn't
5. was quoted by the respondent.
A. the PRC General Civil Law
B. the PRC Civil Procedural Law
C. General Principles of the Civil Law
反馈
答案: 1. A 2. B 3. C 4. A 5. C
解析：
1. 这是一道细节题。因为这是一封“被告”回应“原告”的信，从正文第一句话可以看出，张华起诉Binhai People's Hospital，要求医院赔偿他因伤治疗的医疗费用，所以答案为A。
2. 这是一题细节题。正文第“1”点理由中的第二句话可以看出，张华跟滨海第二建筑公司有口头协议，所以答案为B。
3. 这是一题细节题。正文里滨海医院列了3点作为反驳张华赔偿要求的理由。所以答案为C。
4. 这是一题细节题。正文第“2”点理由中的最后一句表明，张华本人在操作过程中违规，是造成伤害的一个重要原因，所以张华本人应该负一定的责任。所以答案为A。
5. 这是一题细节题。在第“3”点理由的第一句话，就可以看到被告引用了the General Principles of the Civil Law来说明责任应在建筑公司而非被告。所以答案为C。