题目详情:

[多项选择]下列有关保护期限的说法，正确的有________。
A. 表演者获得报酬权的保护期限为50年
B. 录音录像制作者对其制作的录音录像制品的获得报酬权的保护期为50年，截止于该制品首次出版后的第50年的12月31日
C. 广播电台、电视台对其制作的节目的权利保护期为50年，截止于该节目首次录制后第50年的12月31日
D. 录音录像作品的保护期为50年，截止于作品首次固定下来的第50年的12月31日

参考答案:A,B
答案解析:见《著作权》第38、41、44条。

In relation to the tort of negligence, explain

(b) the standard of care owed by one person to another. (5 marks)
参考答案: The law does not require unreasonable steps to be taken to avoid breaching a duty of care. In legal terms, a breach of duty of care occurs if the defendant fails:‘... to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do; or doing something which a prudent and reasonable man would not do.’ (Blyth v Birmingham Waterworks Co (AHEF)) Thus the fact that the defendant has acted less skilfully than the reasonable person would expect will usually result in a breach being established. This is the case even where the defendant is inexperienced in his particular trade or activity. For example, a learner driver must drive in the manner of a driver of skill, experience and care (Nettleship v Weston (AIGA)). However, the standard of care expected from a child may be lower than that of an adult (Mullin v Richards (AIIH)). Clearly the degree, or standard, of care to be exercised by such a reasonable person will vary depending on the circumstances, but the following factors will be taken into consideration in determining the issue: (i) The seriousness of the risk The degree of care must be balanced against the degree of risk involved if the defendant fails in his duty. It follows, therefore, that the greater the risk of injury or the more likely it is to occur, the more the defendant will have to do to fulfil his duty. The degree of care to be exercised by the defendant may be increased if the claimant is very young, old or less able bodied in some way. The rule is that ‘you must take your victim as you find him’ (this is known as the egg-shell skull rule). In Haley v London Electricity Board (AIFE), the defendants, in order to carry out repairs, had made a hole in the pavement. The precautions taken by the Electricity Board were sufficient to safeguard a sighted person, but Haley, who was blind, fell into the hole, striking his head on the pavement, and became deaf as a consequence. It was held that the Electricity Board was in breach of its duty of care to pedestrians. It had failed to ensure that the excavation was safe for all pedestrians, not just sighted persons. It was clearly not reasonably safe for blind persons, yet it was foreseeable that they might use the pavement. The degree of risk has to be balanced against the social utility and importance of the defendant’s activity. For example, in Watt v Hertfordshire CC (AIED), injury sustained by the plaintiff, a fireman, whilst getting to an emergency situation, was not accepted as being the result of a breach of duty of care as, in the circumstances, time was not available to take the measures which would have removed the risk. (ii) Cost and practicability Any foreseeable risk has to be balanced against the measures necessary to eliminate it. If the cost of these measures far outweighs the risk, the defendant will probably not be in breach of duty for failing to carry out those measures (Latimer v AEC Ltd (AIEB)). (iii) Skilled persons Individuals who hold themselves out as having particular skills are not judged against the standard of the reasonable person, but the reasonable person possessing the same professional skill as they purport to have (Bolam v Friern Hospital Management Committee (AIEG)).

第34题: [判断题]医疗机构及其医务人员的合法权益受法律保护。干扰医疗秩序，妨害医务人员工作、生活的，情节严重但未造成人身损害的，可以不承担法律责任。（）
参考答案:错

第35题:[单选题]脂溢性皮炎患者建议每天用温水涂少量()洗脸,清洁皮肤。
A.洁面膏
B.洗面奶
C.肥皂
D.硫磺皂
参考答案:D
无

第36题:[判断题]在设计多孔喷嘴时，就要确定氧枪喷嘴的每个拉瓦尔喷孔与氧枪中心轴线的夹角，保证各股氧流在到达熔池液面以前，基本上不汇合。
A.正确
B.错误
参考答案:A

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