问题 单项选择题

甲所在单位即将分房,甲估计自己能分得一套新房,便向某家具公司定购了一套新式家具。然而,在单位公布分房名单时,并没有甲。那么甲定购家具的行为是:( )

A.无效行为,因为甲的意思表示并不真实

B.可撤销行为,因为甲存在重大误解

C.无效行为,因为甲的行为显失公平

D.有效行为,因为行为动机的错误并不影响民事法律行为的效力

答案

参考答案:D

解析:[考点] 民事法律行为的生效 重大误解是指行为人基于重大错误认识而进行意思表示的行为,它使行为人的意思表示产生瑕疵,进而产生可变更、可撤销的民事行为。根据《民通意见》第71条的规定,“行为人因对行为的性质、对方当事人、标的物的品种、质量、规格和数量等的错误认识,使行为的后果与自己的意思相悖,并造成较大损失的,可以认定为重大误解”,可知行为的动机错误并不属于重大误解。本题中,单位分房是甲定购家具的动机,对它的错误认识并不影响其定购行为的法律效力,因而应当选D。

阅读理解

阅读理解。

     Louis Armstrong had two famous nicknames (绰号). Some people called him Bagamo. They said his mouth

looked like a large bag. Musicians often called him Pops, as a sign of respect for his influence (影响) on the

world of music.

     Born in 1901 in New Orleans, he grew up poor, but lived among great musicians. Jazz was invented in the

city a few years before his birth. Armstrong often said, "Jazz and I grew up together."

     Armstrong showed a great talent for music when he was taught to play the cornet (短号) at a boy's home.

In his late teens, Armstrong began to live the life of a musician. He played in parades, clubs, and on the

steamboats that travelled on the Mississippi River. At that time, New Orleans was famous for the new music

of jazz and was home to many great musicians. Armstrong learned from the older musicians and soon became

respected as their equal.

     In 1922 he went to Chicago. There, the tale of Louis Armstrong begins. From then until the end of his life,

Armstrong was celebrated and loved wherever he went. Armstrong had no equal when it came to playing the

American popular song.

     His cornet playing had a deep humanity (仁爱) and warmth that caused many listeners to say, "Listening to

Pops just makes you feel good all over." He was the father of the jazz style and also one of the best-known and

most-admired people in the world. His death, on July 6, 1971, was headline news around the world.

1. Armstrong was called Pops because he _____. [ ]

A. looked like a musician

B. was a musician of much influence

C. showed an interest in music

D. travelled to play modern music

2. The third paragraph is developed _____. [ ]

A. by space

B. by examples

C. by time

D. by comparison

3. Which statement about Armstrong is true? [ ]

A. His tale begins in New Orleans.

B. He was born before jazz was invented.

C. His music was popular with his listeners.

D. He learned popular music at a boy's home.

4. Which would be the best title for the text? [ ]

A. The Invention of the Jazz Music.

B. The Father of the Jazz Style.

C. The Making of a Musician.

D. The Spread of Popular Music.

多项选择题