问题 单项选择题

下列哪一情形下,乙的请求应得到法律的支持( )

A.甲和乙约定一同去看足球比赛,但是甲迟到一小时,乙要求甲赔偿损失
B.甲听说房价很快就要大涨,便告诉乙,乙信以为真赶紧购买房产,没想到几个月后房价大跌,乙要求甲赔偿损失
C.甲对乙承诺,如果乙比赛夺冠,甲将陪同乙出国旅游,后来乙果然夺冠,但是甲以工作忙为由推脱,乙要求甲承担赔偿责任
D.甲与其妻乙约定,如果因甲出轨导致离婚,甲应补偿乙20万元,后来二人果然因此离婚,乙要求甲依约赔偿

答案

参考答案:D

解析: 《民法通则》第2条规定,中华人民共和国民法调整平等主体的公民之间、法人之间、公民和法人之间的财产关系和人身关系。可见,并非所有的社会关系都属于民法调整的对象。事实上,不只是民法,任何法律都不能调整所有的社会关系,例如属于道德范畴的事项,就不属于法律所调整的范围。A项“约定一同去看比赛”和C项“陪同出国旅游”是道义上的责任,受道德调整,因而不属于民法调整的对象。B项,甲只是向乙转述自己的听闻,乙作为成年人有判断信息真伪的能力,应当自己承担依照该信息行事而产生的风险,因此甲不承担乙在法律意义上的请求权。D项,夫妻之间对出轨导致离婚的补偿协议,符合民法中意思自治的原则,该协议有效,乙依照协议约定主张的请求权应得到支持。

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Solving a problem can be broken down into several steps. First, the problem must be identified correctly. Psychologists refer (1) this step as problem representation. For many problems, figuring (2) which information is relevant and (3) is extraneous can be difficult and can interfere (4) arriving at a good solution. Clearly, before a problem can be solved, it must be obvious (5) the problem is, however, this is not as easy (6) it might seem. One obstacle to efficient problem representation is functional fixedness, that is, allowing preconceived notions and even prejudices (7) color the facts. Most people tend (8) see objects and events in certain fixed ways, and by being inflexible in viewing the problem, they may be unable to notice the tools (9) the solution. Once the problem is identified accurately, (10) , the second step consists (11) considering the alternatives for a solution. A common way to evaluate alternatives is to write them (12) and then make a list (13) advantages and disadvantages for each solution. Here again, people may be limited by prior experiences. Often people adopt mental sets (14) lead them to the same problem-solving strategies that were successful for problems (15) the past. Although that can be helpful most (16) the time, sometimes a new situation requires a different strategy. (17) that case, the mental set must be abandoned, (18) new alternatives must be explored.
After the alternatives have been compared, a strategy must be selected (19) among them. One way to avoid becoming mired in the options is (20) try the best option with a view to abandoning it for another (21) the results are unfavorable. This attitude allows many people to move on expeditiously (22) the next step—action. The strategy selected must be implemented and tested. If it solves the problem, no further action is necessary, but if (23) , then the cycle begins again, starting (24) problem identification. By continuing to review the problem (25) repeat the problem-solving steps, the solution can be improved upon and refined.