问题 单项选择题

甲向乙出售房屋,约定甲应于10月20日前向乙交付房屋并办理产权登记,乙应于10月21日前付款。10月18日,甲又将该房屋出售与丙,双方并办理了产权登记,但未交付房屋。根据合同法,在10月20日前,乙的行为哪一项是正确的

A.不得向甲主张违约责任.,因为履行期没有届满,不构成违约
B.不得向甲主张违约责任,因为房屋所有权尚未转移,甲仍得履行
C.得向甲主张缔约过失责任,因为合同的标的不能而无效
D.得向甲主张默示预期违约的责任

答案

参考答案:D

解析:[考点] 合同责任与缔约过失责任
预期违约包括明示违约和默示违约,其中默示违约是指在履行期到来之前,一方以自己的行为表明将在履行期到来之后不履行合同,而另一方有足够的证据证明,且不履行一方也不愿提供必要的履行担保。此题中,甲在与乙签订房屋买卖合同之后在履行期限(10月21日)届满之前将房屋出售给丙,是以自己的行为表明在10月21日后不再向乙交付房屋,且乙有足够证据证明,符合默示预期违约的要件,乙有权要求甲承担预期违约责任。

阅读理解

In the early part of the twentieth century, racism was widespread in the United States. Many African Americans were not given equal opportunities in education or employment. Marian Anderson (1897-1993) was an African American woman who gained fame as a concert singer in this climate of racism. She was born in Philadelphia and sang in church choirs during her childhood. When she applied for admission to a

local music school in 1917, she was turned down because she was black. Unable to attend music school, she began her career as a singer for church gatherings. In 1929, she went to Europe to study voice and spent several years performing there. Her voice was widely praised throughout Europe. Then she returned to the US in 1935 and became a top concert singer after performing at Town Hall in New York City.

Racism again affected Anderson in 1939. When it was arranged for her to sing at Constitution Hall in Washington, DC, the Daughters of the American Revolution opposed it because of her color. She sang instead at the Lincoln Memorial for over 75 000 people. In 1955, Anderson became the first black soloist to sing win the Metropolitan Opera of New York City. The famous conductor Toscanini praised her voice as “heard only once in a hundred years”. She was a US delegate to the United Nations in 1958 and won the UN peace prize in 1977. Anderson eventually triumphed over racism.

60.According to this passage, what did Marian Anderson do between 1917 and 1929?

A.She studied at a music school. B.She sang for religious activities.

C.She sang at Town Hall in New York.      D.She studied voice in Europe.

61.Toscanini thought that Marian Anderson             .

A.had a very rare voice      B.sang occasionally in public

C.sang only once in many years  D.was seldom heard by people

62.Anderson’s beautiful voice was first recognized         .

A.at the Lincoln Memorial  B.in Washington, DC.

C.in Europe        D.at the United Nations

63.This passage shows that Anderson finally defeated racism in the US by                   .

A.protesting to the government  B.appealing to the United Nations

C.demonstrating in the streets     D.working hard to perfect her art

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