问题 不定项选择

题目根据合同法的规定,下列关于被撤销合同的说法哪些是正确的?

A.合同被依法撤销的,该合同自人民法院判决撤销之日起丧失法律约束力

B.合同被依法撤销的,合同中独立存在的有关解决争议方法的条款亦当然无效

C.合同被依法撤销的,因该合同取得的财产应当予以返还或者折价补偿

D.合同被依法撤销的,无过错一方有权要求有过错一方赔偿其因此所受到的损失

答案

参考答案:C,D

解析:解析: 可撤销合同是指意思表示不真实或意思表示存在瑕疵,可以通过撤销权人行使撤销权使其效力归于消灭的合同。可撤销合同实质上是已经成立并且具备一定效力的合同。对于可撤销合同,合同法第五十六条规定,被撤销的合同自始没有法律约束力,故A项错误;第五十七条规定,合同被撤销的,不影响合同中独立存在的有关解决争议方法的条款的效力,故B项错误。另外,根据合同法第五十八条的规定,合同无效或者被撤销后,因该合同取得的财产,应当予以返还;不能返还或者没有必要返还的,应当折价补偿。有过错的一方应当赔偿对方因此所受到的损失,双方都有过错的,应当各自承担相应的责任。据此,CD项正确。综上,本题答案为CD。

阅读理解

Benjamin Franklin only studied in school for two years. But he liked to read and write very much. Once he discussed a question with his friend in letters. His father found the letters and read them. He felt Ben did not express himself well. Nor did Ben make his meaning clear. He agreed that his father was right, From then on, he paid more attention to the style of his writing so that he could write better.

About that time he bought a copy of the British periodical(周刊) called The Spectator (《观察家》). He read it over and over. He thought the writing excellent, and wished, if possible, to write in the same style.

With this in mind, he studied some of the stories and made a note of the thought in each sentence. Then, a few days later, without looking at the magazine, he tried to write the stories. He tried to express each thought as fully as it had been expressed before. Then he compared his writing with the magazine. He found some of his faults in the compositions.

In this way he discovered he needed to know many more words. He felt that writing poetry would help him since that needed to use many different words which had the same meaning. So he turned some of the stories into poems; and after a time, he wrote them as stories again. He insisted on doing this for a long time.

He learned much from his efforts and went on to practise his writing. Then he became the first famous writer in American history.

小题1:Benjamin liked ______ very much when he was ______ .

A.languages; young

B.writing; young

C.writing; old enough

D.languages; old enough小题2:What did his father do to him?

A.He found his son’s letters written very well

B.He felt his son expressed himself very well

C.He told his son what he wrote wasn’t so good

D.He bought a copy of The Spectator for him小题3:How did Benjamin practise writing?

(1) He studied the stories in the magazine and made notes.

(2) He rewrote some of the stories and tried to express their thought fully.

(3) He turned some stories into poems, and then turned them back again.

(4) He tried hard to publish his poems in the periodical The Spectator.

A.(1)(2)(3)

B.(2)(3)(4)

C.(1)(3)(4)

D.(1)(2)(4)

单项选择题