问题 单项选择题

甲乙签订合同,约定由丙向甲履行乙所负债务。若丙履行债务不符合合同的约定,( )应当向甲承担违约责任。

A.乙

B.丙

C.乙和丙

D.乙或丙

答案

参考答案:A

解析:[考点] 合同债务的代为履行 《合同法》第65条规定:当事人约定由第三人向债权人履行债务的,第三人不履行债务或者履行债务不符合约定的,债务人应当向债权人承担违约责任。据此,乙作为甲乙签订合同的当事人,在约定履行债务的第三人丙履行债务不符合合同约定时,应当向甲承担违约责任。A为正确选项。此题的理论依据在于合同关系具有相对性。由于违约责任以合同债务的存在为前提,而合同债务则主要体现在合同义务之中,合同义务的相对性必然决定了合同责任的相对性,即违约责任只能在合同关系的当事人之间发生;合同关系以外的人,不负违约责任;合同当事人不对合同关系以外的人承担违约责任。

单项选择题

This was one of my experiences (1) . When I was in my 30s, I was working for a large international company which had its head office in London. I was working in the (2) department.

The company had a training centre which was just outside London. Different courses were held there throughout (3) and I (4) go on one training course a year. These usually started (5) a Sunday evening and lasted six days.

Once I was (6) a week’s training course with about forty (7) sales people. I was in the bar on the Friday evening and suddenly a woman who was (8) behind the bar asked mea curious question. "I hope you don’t (9) my asking," she said, "but I’ve been (10) about it all week. Have you got a sister (11) Mary" The woman’s name was June. And she used to do various jobs at the training centre. She worked in the office, she organized all the food and drink for the centre and she worked in the bar at lunchtime and in the evening.

My answer (12) June’s question was "Yes", and June said, "I thought (13) . I met her last September when she was organizing a course here. " At that time, my sister was working for (14) company but in a different part of the country. That was (15) she came to be at the training centre.

(16) surprised me was how June guessed we were brother and sister. Three things made it even more (17) . First, she had met my sister six months before she met me. Second, they have about sixty new people every week at the training centre. So about one thousand five hundred people had (18) the centre in those six months. And (19) , my sister is married, so she doesn’t have the same family name as me.

We’re not (20) , but I guess we must look quite like each other.

9().

A.matter

B.care for

C.remind

D.mind

名词解释