问题 不定项选择

田某在网站发声明求购某款二手手机一部,价格面议。钟某给田某打电话,表示有该款手机一部,八成新,售价800元,如果田某同意购买,即刻送货上门,货到付款。根据合同法及相关规定,下列说法哪些是正确的

A.田某的求购声明构成要约

B.田某的求购声明构成要约邀请

C.钟某的电话内容构成承诺

D.钟某的电话内容构成要约

答案

参考答案:B,D

解析:[知识点] 要约、要约邀请和承诺
《合同法》第十四条规定,要约是希望和他人订立合同的意思表示,该意思表示应当符合下列规定:(一)内容具体确定;(二)表明经受要约人承诺,要约人即受该意思表示约束。《合同法》第十五条规定,要约邀请是希望他人向自己发出要约的意思表示。寄送的价目表、拍卖公告、招标公告、招股说明书、商业广告等为要约邀请。商业广告的内容符合要约规定的,视为要约。《合同法》第二十一条规定,承诺是受要约人同意要约的意思表示。由于田某在网站发的声明中明确“价格面议”,因此该声明仅仅是希望他人向其发出要约,其本身并不能构成要约,而是要约邀请。因此,A选项错误,B选项正确。由于田某的求购声明构成要约邀请,钟某的电话内容也就不可能构成承诺,故C选项错误。同时,由于钟某的电话内容具体确定,并且“如果田某同意购买,即刻送货上门,货到付款”表明了经钟某承诺,其即受该意思表示约束,因此钟某的电话内容构成要约,D选项正确。
综上,本题答案为:B、D。

单项选择题

TOKY—Our kids, the Japanese government announced, have forgotten how to behave. They can’t be bothered with housework. If they see someone being wronged, they probably look the other way.
Few countries have placed more importance on being well-behaved in public than Japan. The simplest requests for directions often result in guided tours. Smiling shopkeepers are still the rule. Lost wallets usually make their way to their owners.
But according to recent surveys, all that may be going the way of the ancient hairdo. And Japan’s government has gone into something of a crisis mode.
A Japanese Education Ministry Survey formed late in 1999 and made public last month found that Japan moves behind other nations in teaching youngsters right from wrong.
It also reported that Japanese children are less helpful and do far less housework than their foreign peers in all classes. But they are better about taking dirty dishes to the kitchens after dinner.
In addition, Japanese kids are more likely to dry their hair and carry cell phones than American and Chinese kids, according to another survey, by a Tokyo-based tank.
Children in about 8 percent of public school classrooms are so disorderly that teachers cannot hold lessons, further recent reports show. children refuse to sit, to listen or to stop talking.
Older and middle-aged Japanese continue to have a solid sense of good manners and social justice, says Professor Yoshina Hirano from Shinshu University, who was appointed to direct the ministry’s survey.
Despite the knowledge of good manners among adults, the breakdown in manners may be spreading, he said.

The second paragraph seems to show us that ______.

A. the education system of Japan is better than that of any other country
B. shopkeepers in Japan are too kind to their customers
C. Japanese kids often find wallets on their way to their schools
D. Japanese adults in public places act politely to each other

多项选择题