问题 单项选择题

甲欠丙800元到期无力偿还,乙替甲还款,并对甲说:“这800元就算给你了。”甲称将来一定奉还。事后甲还了乙500元。后二人交恶,乙要求甲偿还余款300元,甲则以乙已送自己800元为由要求乙退回500元。下列哪种说法是正确的( )

A.甲应再还300元

B.乙应退回500元

C.乙不必退回甲500元,甲也不必再还乙300元

D.乙应退还甲500元及银行存款同期利息

答案

参考答案:A

解析:[考点] 赠与合同的成立 [详解] 乙替甲还款后取得丙对甲的标的为800元的债权,乙“这800元就算给你了”的表示属于赠与的意思表示,乙是以赠与的意思而为清偿,但赠与是合同行为,需要取得受赠人的同意才能发生法律效力。甲称将来一定奉还实际上是对乙赠与的意思表示的否定,因此赠与并不成立。乙代为清偿后成为借款合同当事人,依《合同法》211条,未约定利息视为不支付利息。因此甲偿还500元的行为有效,乙无需返还,甲还需再还300元,故选B。

单项选择题
单项选择题 案例分析题

Questions 11 to 15 are based on the following passage.

Scratchy throats, stuffy noses and body aches all spell misery, but being able to tell if the cause is a cold or flu (流感) may make a difference in how long the misery lasts.

The American Lung Association (ALA) has issued new guidelines on combating colds and the flu, and one of the keys is being able to quickly tell the two apart. That’s because the prescription drugs available for the flu need to be taken soon after the illness sets in. As for colds, the sooner a person starts taking over-the-counter remedy, the sooner relief will come.

The common cold and the flu are both caused by viruses. More than 200 viruses can cause cold symptoms, while the flu is caused by three viruses—flu A, B and C. There is no cure for either illness, but the flu can be prevented by the flu vaccine (疫苗), which is, for most people, the best way to fight the flu, according to the ALA.

But if the flu does strike, quick action can help. Although the flu and common cold have many similarities, there are some obvious signs to look for.

Cold symptoms such as stuffy nose, runny nose and scratchy throat typically develop gradually, and adults and teens often do not get a fever. On the other hand, fever is one of the characteristic features of the flu for all ages. And in general, flu symptoms including fever and chills, sore throat and body aches come on suddenly and are more severe than cold symptoms.

The ALA notes that it may be particularly difficult to tell when infants and preschool age children have the flu. It advises parents to call the doctor if their small children have flu-like symptoms.

Both cold and flu symptoms can be eased with over-the-counter medications as well. However, children and teens with a cold or flu should not take aspirin for pain relief because of the risk of Reye syndrome (综合症),a rare but serious condition of the liver and central nervous system.

There is, of course, no vaccine for the common cold. But frequent hand washing and avoiding close contact with people who have colds can reduce the likelihood of catching one.

 

If children have flu-like symptoms, their parents ()

A.are advised not to give them aspirin

B.should watch out for signs of Reye syndrome

C.are encouraged to take them to hospital for vaccination

D.should prevent them from mixing with people running a fever