问题 多项选择题

张三、李四签订一西瓜买卖合同,双方约定:张三卖给李四1000公斤西瓜,单价为0.6元/公斤。双方就履行顺序未作约定。张三已向李四供应了500公斤西瓜,现向李四提出付款请求,则李四:

A.不得主张同时履行抗辩,须给付全部价款

B.就已给付的500公斤西瓜的价款不得主张同时履行抗辩,就未给付部分则可

C.得就全部价款主张同时履行抗辩

D.得主张张三履行不完全从而解除合同

答案

参考答案:B

解析: 本题涉及对同时履行抗辩权的理解问题。同时履行抗辩权不仅适用于对方未履行合同的情形,而且适用于对方未适当履行合同的情形。在对方未适当履行合同的情况下,抗辩权人只能在其未适当履行的范围内行使同时履行抗辩权。虽然同时履行抗辩权的行使不阻却解除权的行使,但本题中不存在解除权行使的法定条件。故本题选项为B。

单项选择题

Passage Two


Five years ago, David Smith wore an expensive suit to work every day. "I was a clothes addict," he jokes. "I used to carry a fresh suit to work with me so I could change if my clothes got wrinkled. " Today David wears casual clothes—khaki pants and sports shirt—to the office. He hardly ever wears a necktie. "I’m working harder than ever," David says, "and I need to feel comfortable. "
More and more companies are allowing their office workers to wear casual clothes to work in the United States. The change from formal to casual office wear has been gradual. In the early 1990s, many companies allowed their employees to wear casual clothes on Friday (but only on Friday). This became known as "dress-down Friday" of "casual Friday". "What started out as an extra one-day-a-week benefit for employees has really become an everyday thing. " said business consultant Maisly Jones.
Why have so many companies started allowing their employees to wear casual clothes One reason is that it’s easier for a company to attract new employees if it has a casual dress code. "A lot of young people don’t want to dress up for work, "says the owner of a software company, "so it’s hard to hire people if you have a conservative dress code. "Another reason is that people seem happier more productive when they are wearing comfortable clothes. In a study conducted by Levi Strauss and & Co. , 85 percent of employers said that they believe that casual dress improves employee morale. Only 4 percent of employers said that casual dress has a negative impact on productivity. Supporters of casual office wear also argue that a casual dress code helps them save money. "Suits are expensive, if you have to wear one every day," one person said. "For the same amount of money, you can buy a lot more casual clothes. \

In this passage, the following advantages of casual office wear are mentioned in the passage except______.

A.saving employees’ money

B.making employees more attractive

C.improving employees’ motivation

D.making employees happier

单项选择题