问题 单项选择题

甲、乙签订买卖合同,约定甲方于 1999年8月10日向乙方预付定金10万元后,合同生效;9月10日前,乙方向甲方交付全部货物;甲方验收合格后,余款90万元甲方一次性付给乙方,任何一方违约应向对方支付违约金30万元。8月10日,甲方依约定向乙方交付定金10万元。但截至9月20日,虽经甲方多次催告,乙方仍未能向甲方交付货物。下列表述不正确的是:

A.甲方有权要求乙方双倍返还定金,即给付20万元人民币

B.甲方不得要求乙方既承担违约金责任,又双倍返还定金

C.甲方有权请求法院判令乙方承担违约金,返还定金10万元

D.设甲方在8月10日未向乙方预付定金,则甲乙双方互有过错,都应按照自己的过错承担违约责任

答案

参考答案:D

解析:《合同法》第114条:“当事人可以约定一方违约时应当根据违约情况向对方支付一定数额的违约,金,也可以约定因违约产生的损失赔偿额的计算方法。 约定的违约金低于造成的损失的,当事人可以请求人民法院或者仲裁机构予以增加;约定的违约金过分高于造成的损失的,当事人可以请求人民法院或者仲裁机构予以适当减少。 当事人就迟延履行约定违约金的,违约方支付违约金后,还应当履行债务。” ‘ 第115条:“当事人可以依照《中华人民共和国担保法》约定一方向对方给付定金作为债权的担保。债务人履行债务后,定金应当抵作价款或者收回。给付定金的一方不履行约定的债务的,无权要求返还定金;收受定金的一方不履行约定的债务的,应当双倍返还定金。” 第116条:“当事人既约定违约金,又约定定金的,—一方违约时,对方可以选择适用违约金或者定金条款。”由此AB项说法都是正确的。 注意C项也是正确的表述,甲方如果主张违约金责任,其当然有权要求乙方承担违约金,此口寸甲方不能要求乙方同时承担定金责任.但是可以要求乙方返还其交付给乙方的定金10万元。 , 定金合同从实际交付定金之日起生效。而主合同中,双方也约定交付定金后,合同生效。如甲方未在8月10日向乙方交付定金,则定金合同和主合同均未生效。故无所谓违约责任、参见《担保法》第90条、《合同法》第115条。

阅读理解

Many years ago, when I was fresh out of school and working in Denver, I was driving to my parents’ home in Missouri for Christmas. I stopped at a gas station(加油站) about 50 miles from Oklahoma City, where I was planning to stop and visit a friend. While I was standing in line at the cash register(收款台), I said hello to an older couple(夫妇)who were also paying for gas.

I took off, but had gone only a few miles when black smoke poured from the back of my car, I stopped and wondered what I should do. A car pulled up behind me. It was the couple I had spoken to at the gas station. They said they would take me to my friend’s. We chatted on the way into the city, and when I got out of the car, the husband gave me his business card.

I wrote him and his wife a thank-you note for helping me. Soon afterward, I received a Christmas present from them. Their note that came with it said that helping me had made their holidays wonderful.

Years later, I drove to a meeting in a nearby town in the morning. In late afternoon I returned to my car and found that I’d left the lights on all day, and the battery(电池) was dead. Then I noticed that the Friendly Ford dealership - a shop selling cars - was right next door. I walked over and found two salesmen in the showroom.

"Just how friendly is Friendly Ford?" I asked and told them my trouble. They quickly drove a pickup truck (小货车) to my car and started it. They would accept no payment, so when I got home, I wrote them a note to say thanks. I received a letter back from one of the salesmen. No one had ever taken the time to write him and say thank you, and it meant a lot, he said.

"Thank you" - two powerful words. They’re easy to say and mean so much.

小题1: The writer planned to stop at Oklahoma City ______.

A.to visit a friend

B.to see his parents

C.to pay at the cash register

D.to have more gas for his car小题2:The words "took off" underlined in Paragraph 2 mean“______”.

A.turned off

B.moved off

C.put up

D.set up小题3:What happened when the writer found smoke coming out of his car?

A.He had it pulled back to the gas station.

B.The couple sent him a business card.

C.The couple offered to help him.

D.He called his friend for help.小题4:The battery of the writer’s car was dead because ______.

A.something went wrong with the lights

B.the meeting lasted a whole day

C.he forgot to turn off the lights

D.he drove too long a distance小题5:By telling his own stories, the writer tries to show ______.

A.how to write a thank-you letter

B.how to deal with(处理)car problems

C.the kind-heartedness of older people

D.the importance of expressing thanks

选择题