题目详情:

[简答题]根据《植物检疫条例》规定，省间调运植物、植物产品，属于哪种情况的必须实施检疫？

参考答案: （一）、凡种子、苗木及其他繁殖材料，不论是否列入应施检疫的植物、植物产品名单和运往何地，在调运之前，都必须经过检疫；
（二）、列入全国和省、自治区、直辖市应施检疫的植物、植物产品名单的植物产品，运出发生疫情的县级行政区域之前、必须经过检疫；
（三）、对可能受疫情污染的包装树料、运载工具、场地、仓库等也应实施检疫。

In relation to the tort of negligence, explain

(a) the meaning of ‘duty of care’; (5 marks)
参考答案: An individual is not automatically liable for every negligent act that he or she commits and in order to sustain an action in negligence, it must be shown that the party at fault owed a duty of care to the person injured as a result of their actions. Consequently, the onus is on the claimant to establish that the respondent owed them a duty of care. The test for establishing whether a duty of care exists was initially set out in Donoghue v Stevenson (AICB), the snail in the ginger beer bottle case. In putting forward the test to establish a duty of care, Lord Atkin stated that:‘You must take reasonable care to avoid acts and omissions which you could reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour ... any person so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts and omissions which are called in question.’It can be seen that this neighbour test for deciding the existence of a duty of care is an objective, rather than a subjective, one. It is not a matter of what the respondent actually considered, but what they ought to have considered. Nor does the test require the contemplation of the resultant effect on the specific individual injured, but merely requires that identity of a class of individuals who might be injured as a consequence of the respondent’s lack of care. The idea of the neighbour, or proximity, test was extended in Hedley Byrne v Heller (AIFD), which established the possibility of liability for negligent misrepresentation causing economic loss, where a party gave inaccurate advice or information to another party, within a special relationship, and that party subsequently and reasonably relied on it. In Caparo Industries plc v Dickman (AII0), a three stage test for establishing a duty of care was recommended. This requires consideration of the following questions:– Was the harm caused reasonably foreseeable– Was there a relationship of proximity between the defendant and the claimant– In all the circumstances, is it just, fair and reasonable to impose a duty of care The present position appears to be that in establishing the existence of a duty of care in negligence, an incremental approach must be taken. The claimant must show that the defendant foresaw that damage would occur to the claimant, that is, that there was sufficient proximity in time, space and relationship between the claimant and the defendant. In practical terms, foreseeability of damage will determine proximity in the majority of personal injury cases. The courts will then, where appropriate, consider whether it is just and reasonable to impose a duty and whether there are any policy reasons for denying or limiting the existence of a duty, for example, under the floodgates argument.

第34题: [单项选择]遇到交通事故，应拨打的电话是（）。
A. 110
B. 120
C. 119
D. 122
参考答案:D

第35题:[单选题]国家铁路的（），以５角为计算单位，不足５角的尾数按2.5角以下舍去、2.5角以上进为5 角处理。
A.客运杂费
B.旅客票价
C.行李包裹运价
D.中铁快件费
参考答案:B

第36题: [填空题]商标相混同有两种情况，一种是（），另一种是（）。
参考答案:相同；相近似

第37题:[单选题]安全工器具宜存放在温度为-15～+35℃、相对湿度为（）、干燥通风的安全工器具室内。
A.A. 80%以下
B.B. 80%以上
C.C. 90%以下
D.D. 90%以上
参考答案:A

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[简答题]根据《植物检疫条例》规定，省间调运植物、植物产品，属于哪种情况的必须实施检疫？

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