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案例一:劝酒应当适度,过头就须担责王某帮忙给魏老伯修完农用运输车,后者邀请王某、吴某等6人去饭店吃饭。王某酒量本不大,但经不住大家热情劝酒而于当晚9点左右大醉而归,回家后不久,其妻发现他嘴里流白沫,赶忙送医院,后经抢救无效身亡。事后,王某之妻将魏老伯等告上法庭。法院经审理,判决魏某等6被告赔偿死者家属各项损失的30%。点评:我国《侵权责任法》第6条第1款规定:“行为人因过错侵害他人民事权益,应当承担侵权责任。”本案中,魏某等被告与死者是同村好友,明知其酒量不大,仍然积极实施劝酒行为,直接导致王某死亡
Case one: to urge the wine should be modest, Wang must be responsible for overloading Wei to help repair the agricultural truck, which invited Wang, Wu and other six people to the hotel to eat. Wang wine volume is not large, but can not withstand the warmth of everyone to persuade the drink about 9 o’clock that night drunk and go home soon after his wife found his mouth flowing foam, quickly rushed to the hospital, died after being rescued. Afterwards, Wang’s wife and other widowed to court. After hearing the court, the verdict Wei and other 6 defendants compensate the families of the deceased 30% of the losses. Comments: Article 6, Paragraph 1 of China’s Tort Liability Law stipulates: “The perpetrator shall bear the tort liability for infringement upon the civil rights of others because of fault.” In the present case, the defendants such as Wei and the deceased were friends of the same village, knowing that their amount of alcohol Small, still actively implement the act of persuading alcohol, a direct result of Wang’s death