问题 问答题

甲、乙两人互发E-mail协商洽谈合同。4月30日甲称:"我有笔记本电脑一台,配置为......九成新, 8000元欲出手。"5月1日乙回电称:"东西不错,7800元可要"。甲于5月2日回复:"可以,5月7日到我这儿来取"。乙于5月4日回电:"同意"。甲于当日上午收到该回电。上述E-mail为甲乙二人分别在A地、B地所发,甲的经常居住地为C地,乙的经常居住地为D地。5月7日乙到甲处取电脑,发现甲的电脑运行速度明显比正常的慢,比约定的标准差得多,自己无法使用,便拒绝接受。甲遂降低价格,以3000元出手,乙同意并取走电脑。此时丙正急需一台笔记本电脑而苦于无处购买,乙就将该电脑卖给丙,并约定由丙向甲付款。甲的电脑上本来染有病毒,但甲不知情。乙问有无病毒是否需要杀毒时,甲说使用多年从未感染上病毒。结果丙在使用时病毒发作,硬盘被锁死,整台电脑报废。对此,丙要求乙赔偿他经济损失4000元。 问题:

设乙发现甲的电脑比约定的标准差得多后,拒绝购买,甲也不同意降价,双方遂解除合同。则乙往返于C地和D地的费用应如何处理

答案

参考答案:该费用应当由甲承担。

解析:如果当事人一方在要约中故意隐瞒与订立合同有关的重要事实或其他违背诚实信用原则的行为,给对方造成损失的,构成缔约上的过失,要承担缔约过失责任。《合同法》第42条规定,当事人在订立合同过程中有下列情形之一,给对方造成损失的,应当承担损害赔偿责任:(1)假借订立合同,恶意进行磋商;(2)故意隐瞒与订立合同有关的重要事实或者提供虚假情况;(3)有其他违背诚实信用原则的行为。本案中,若乙发现甲的电脑比约定的标准差得多,则说明甲故意隐瞒与订立合同有关的重要事实或有其他违背诚实信用原则的行为,甲有过错,由此造成乙损失的,甲依法应当承担责任。

填空题
单项选择题

Recently, I flew to Las Vegas to attend a meeting. As we were about to arrive, the pilot announced with apology that there would be a slight (16) before setting down. High desert winds had (17) the airport to close all but one runway. He said that we would be (18) the city for a few minutes waiting to (19) . We were also told to remain in our seats meanwhile with our seat belts fastened (20) there might be a few bumps(颠簸). Well, that few minutes turned into about four-five minutes, including a ride that would make a roller coaster(过山车) (21) by comparison. The movement was so fierce that several passengers felt (22) and had to use airsickness bags. As you might guess, that’ s not a good thing to have happen in a(n) (23) space because it only (24) to increase the discomfort of the situation.

About twenty minutes into the adventure, the entire airplane became very (25) There was now a sense of anxiety and fear that could be (26) noticed. Every passenger simply held on for dear life …except one. A (27) was having a good time! With each bump of the (28) , he would let out a giggle (咯咯地笑)of delight. As I observed this, I (29) that he didn’t know he was supposed to be afraid and worried about his (30) . He neither thought about the past nor about the future. Those are what we gown--ups have learned from (31) . He was (32) the ride because he had not yet been taught to fear it. Having understood this, I took a deep breath and (33) back into my seat, pretending I was (34) on a roller coaster. I smiled for the rest of the flight. I even (35) to giggle once or twice, much to the chagrin(随恼) of the man sitting next to me holding the airsickness bag.

(25)()

A.quiet

B.hot

C.dirty

D.crowded