问题 单项选择题

老张购买老王2000公斤小麦,合同对于履行/顷序没有作出明确约定。老王的小麦今年歉收,老王向老张先交付了1500公斤,余下500公斤待从别处购买后再交给老张,老张表示认可。老王要求老张支付1500公斤小麦的价款,但老张坚持分文不付,只有在另外的500公斤小麦交付之后,自己才付全款。对于1500公斤小麦的价款支付问题,下列说法中正确的是( )。

A.老张的做法是正确的,因为其享有同时履行抗辩权

B.老张的做法是正确的,因为老王的行为构成违约

C.老张的做法是错误的,因为其不享有同时履行抗辩权

D.老张的做法是错误的,其虽然享有同时履行抗辩权,但仍应支付相应的价款

答案

参考答案:C

解析: 根据《合同法》第六十六条的规定,老张与老王应当同时履行。虽然老王只交付了1500公斤小麦,但对于老王要求支付1500公斤小麦价款的请求,老张不享有同时履行抗辩权,老张应作出相应的履行,即支付1500公斤小麦的价款。如果老王要求老张支付2000公斤小麦的全款,老张可援引同时履行抗辩权,在老王另行交付500公斤小麦之前,拒绝支付500公斤小麦的价款。

选择题
阅读理解

Ben and his wife Susan were on their way to have dinner with their friends. It was a dark,windy night, and they did not know the way very well. They drove through a town until they found what they thought was the road to Dorling,where their friends lived. But it soon became clear that they were not on the road to Dorling at all. The road that they were on was getting narrower,and there were no other cars on it. The wind was blowing harder with every minute that passed.

They came to a small village .They drove past a church and then two houses without lights on. There was nobody about to tell them where they were,or where the road went. Just then,Ben saw a telephone box,twenty meters or so further on. While he walked back along the road to see if there was a name outside the church,Susan telephoned their friends and told them that they were still on their way.

Their friends were just saying that the dinner was already getting rather cold,when Ben came back to the telephone box,his head down against the wind. He said that there was a tree lying across the road,and that the telephone lines were down. Susan heard nothing more from their friends about the dinner.

小题1:Some time later Ben and Susan found they took a wrong road because ________.

A.their friends lived nearer than they drove

B.the road was getting narrower and their car alone was on it

C.the hard wind made them get lost

D.the road was not the same as before小题2:Ben went to the church to see if there was a name outside because ________.

A.he was sure to find some people who knew Dorling

B.he hoped to get help from there

C.he wanted to telephone his friends where they were

D.he wanted to stay there for the night小题3:Susan could hear nothing more from their friends because ________.

A.the telephone lines were broken by a tree

B.the strong wind made too much noise

C.they got angry

D.they had all left小题4:From the passage we know ________.

A.Ben and his wife often went out for dinners

B.Ben and his wife lived in the country

C.both Ben and his wife were short­sighted(近视的)

D.Ben and his wife seldom(很少) went to Dorling