问题 单项选择题

甲因农业生产而急需用钱,但又求借无门。某乙趁机表示愿借给甲3000元,但半年后须加倍偿还,否则以甲的两头耕牛代偿。甲表示同意。甲乙之间的行为:

A.因乙欺诈而可撤销

B.因乙欺诈而无效

C.因乙乘人之危而无效

D.因乙乘人之危而可撤销

答案

参考答案:D

解析:本题涉及乘人之危的认定和效力问题。乘人之危是指行为人利用对方当事人的急迫需要和危难处境,迫使其作出违背本意而接受与其非常不利的意思表示。乘人之危的民事行为依民法通则为无效民事行为,但依合同法为可撤销的民事行为。依据后法优于先法的原则,在合同领域,乘人之危属于可撤销的民事行为。本题中,甲与乙之间的借贷行为属于乘人之危的民事行为应无疑问,借贷行为属于合同行为,故该行为属于可撤销的民事行为。

判断题
单项选择题

Americans usually consider themselves a friendly people. Their friendships, however, tend to be shorter and more casual than friendships among people from other cultures. It is not uncommon for Americans to have only one close friend during their lifetime, and consider other "friends" to be just social acquaintances. This attitude probably has something to do with American mobility and the fact that Americans do not like to be dependent on other people. They tend to "compartmentalize" (划分) friendships, having "friends at work" , "friends on the softball team" , "family friends" , etc.

Because the United States is a highly active society, full of movement and change, people always seem to be on the go. In this highly charged atmosphere, Americans can sometimes seem brusque (无礼的) or impatient. They want to get to know you as quickly as possible and then move on to something else. Sometimes, early on, they will ask you questions that you may feel are very personal. No insult is intended; the questions usually grow out of their genuine interest or curiosity, and their impatience to get to the heart of the matter. And the same goes for you. If you do not understand certain American behavior or you want to know more about them, do not hesitate to ask them questions about themselves. Americans are usually eager to explain all about their country or anything "American" in which you may be interested. So much so in fact that you may become tired of listening. It doesn’t matter, because Americans tend to be uncomfortable with silence during a conversation. They would rather talk about the weather or the latest sports scores, for example, than deal with silence.

On the other hand, don’t expect Americans to be knowledgeable about international geography or world affairs, unless those subjects directly involve the United States. Because the United States is not surrounded by other nations, some Americans tend to ignore the rest of the world.

According to the passage, Americans tend to ignore the rest of the world because ().

A. they are too proud of themselves

B. they are not interested in other countries

C. they are too busy to learn about other countries

D. their country does not have many neighboring nations