问题 多项选择题

关于定金与预付款的说法,正确的是()。

A.定金与预付款的约定都是在交款后生效

B.定金与预付款在合同履行后都可以抵作价款

C.定金是为了担保合同履行,预付款是为对方履行合同提供资金帮助

D.定金是从合同,预付款是主合同的组成部分

E.定金和预付款都适用双倍罚则

答案

参考答案:B, C, D

解析:本题考查的是定金。定金与预付款都是在合同履行前一方当事人预先给付对方的一定数额的金钱,都具有预先给付的性质,在合同履行后,都可以抵作价款,但二者有着根本的区别,这表现在以下的方面:(1)定金是合同的担保方式,主要作用是担保合同履行;而预付款的主要作用是对履行合同提供资金的上的帮助,属于履行的一部分。(2)交付定金的协议是从合同,而交付预付款的协议一般为合同内同的一部分,(3)定金只有在交付后才能成立,而交付预付款的协议只要双方意思表示一致即可成立。(4)定金合同当事人不履行合同时,适用定金罚则,而预付款交付后当事人不履行合同的,不发生丧失预付款或双倍返还预付款的效力。

单项选择题
阅读理解

The common cold is the world’s most widespread illness, which is plagues(疫病) that flesh receives.

The most widespread fallacy(谬误) of all is that colds caused by cold. They are not. They are caused by viruses(病毒) passing on from person to person. You catch a cold by coming into contact, directly or indirectly, with someone who already has one. If cold causes colds, it would be reasonable to expect the Eskimos to suffer from them forever. But they do not. And in isolated arctic regions explorers have reported being free from colds until coming into contact again with infected people from the outside world by way of packages and mail dropped from airplanes.

During the First World War soldiers who spent long periods in the trenches(战壕), cold and wet, showed no increased tendency to catch colds.

In the Second World War prisoners at the notorious Auschwitz concentration camp(奥斯维辛集中营), naked and starving, were astonished to find that they seldom had colds. At the Common Cold Research Unit in England, volunteers took part in Experiments in which they gave themselves to the discomforts of being cold and wet for long stretches of time. After taking hot baths, they put on bathing suits, allowed themselves to be with cold water, and then stood about dripping wet in drafty room. Some wore wet socks all day while others exercised in the rain until close to exhaustion. Not one of the volunteers came down with a cold unless a cold virus was actually dropped in his nose.

If, then, cold and wet have nothing to do with catching colds, why are they more frequent in the winter?Despite the most pains-taking research, no one has yet found the answer. One explanation offered by scientists is that people tend to stay together indoors more in cold weather than at other times, and this makes it easier for cold viruses to be passed on.

No one has yet found a cure for the cold. There are drugs and pain suppressors(止痛片) such as aspirin, but all they do is relieve the symptoms(症状).

51. The writer offered _______ examples to support his argument.

A. 4            B. 5              C. 6              D. 3

52. Which of the following does not agree with the chosen passage?

A. The Eskimos do not suffer from colds all the time.

B. Colds are not caused by cold.

C. People suffer from colds just because they like to stay indoors.

D. A person may catch a cold by touching someone who already has one.

53. Arctic explorers may catch colds when _______.

A. they are working in the isolated arctic regions

B. they are writing reports in terribly cold weather

C. they are free from work in the isolated arctic regions

D. they are coming into touch again with the outside world

54. Volunteers taking part in the experiments in the Common Cold Research Unit _______.

A. suffered a lot                             B. never caught colds

C. often caught colds                 D. became very strong

55. The passage mainly discusses _______.

A. the experiments on the common cold

B. the fallacy about the common cold

C. the reason and the way people catch colds

D. the continued spread of common colds