问题 多项选择题

张某有急事需要出差,出差前告知邻居钱某,自己订了老板椅,已经交付了定金,由于没有联系上家具商,自己走后家具商第二天可能送货,如果送货请钱某帮着收下,钱某收下时先把价款垫上,钱某满口答应。张某走后,钱某也因急事出差,走时忘了将送货的事情通知自己家人,第二天家具商送货时,找不到张某,钱某的妻子王某也称不知道张某到哪里去了,但是可以代张某收下老板椅,并支付了价款,王某应向家具商支付600元钱,王某错支付了800元,家具商发现王某多支付了价款,家具商害怕王某发现,急忙开车逃掉,倒车时撞坏了王某家放在楼门口的自行车,以下说法正确的是( )

A.张某与钱某之间存在合同关系

B.张某与王某之间存在不当得利关系

C.王某与家具商之间存在无因管理关系

D.王某与家具商之间存在侵权关系

答案

参考答案:A,D

解析:[考点] 行为人行为性质的认定
《民法通则》第85条规定:“合同是当事人之间设立、变更、终止民事关系的协议。依法成立的合同,受法律保护。”《合同法》第396条规定:“委托合同是委托人和受托人约定,由受托人处理委托人事务的合同。”本题中张某委托钱某代自己收下老板椅,并代自己垫付价款,钱某同意,张某和钱某之间形成委托合同关系,所以A选项正确。
《民法通则》第92条规定:“没有合法根据,取得不当利益,造成他人损失的,应当将取得的不当利益返还受损失的人。”该条规定了不当得利。第93条规定:“没有法定的或者约定的义务,为避免他人利益受损失进行管理或者服务的,有权要求受益人偿付由此而支付的必要费用。”该条规定了无因管理。钱某并未转委托王某,王某没有法定或者约定的义务为张某处理事务,构成无因管理,而不构成不当得利,所以B选项不正确。王某多付给了家具商价款,王某受有损失,家具商获得不当利益,王某与家具商之间构成不当得利关系,王某代张某收下老板椅是为张某的利益进行管理,而不是为家具商的利益进行管理,王某与家具商之间不构成无因管理。
《民法通则》第106条规定:“公民、法人违反合同或者不履行其他义务的,应当承担民事责任。公民、法人由于过错侵害国家的、集体的财产,侵害他人财产、人身的应当承担民事责任。没有过错,但法律规定应当承担民事责任的,应当承担民事责任。”家具商将王某家的自行车撞坏,侵害了王某的财产权,因此王某与家具商之间形成侵权关系,所以 D选项正确。

多项选择题
阅读理解

阅读理解。

     Nancy and her family moved into a new house with a big garden. She didn't have many friends in her new

neighborhood, so after she sent her husband and children to work and school, she spent a lot of time in the

garden. She loved the flowers, shrubs (灌木) and trees.

     One day, when Nancy was expecting some special visitors, she took extra care of the garden. She pulled

the weeds, trimmed (修剪) the shrubs, cut the grass, and carefully cleaned all the dry autumn leaves. As she

was working, an old woman was watching her with interest over the fence. Nancy had met this woman several

times in the streets. She seemed to be friendly to everybody.

     When Nancy had finished, she stood back to admire her work. "Isn't it beautiful?" she called out to the old

woman. "Yes," replied the old woman, "but there is something missing. May I come in? I'll put it right for you." 

     Nancy opened the gate for her and let her in. slowly, the old woman walked to the tree near the center of

the garden, held it by the trunk, and shook it. Leaves showered down all over the garden. "Now," said the old

woman, "isn't it much better?"

     Nancy looked at her garden for a while and said, "Strange. The leaves make the garden look more beautiful?" 

     The old woman smiled and said, "When you are as old as me, you'll understand life can't be perfect. The

fallen leaves are part of nature's beauty."

1. Why did Nancy spend most of her time around her house? [ ]

A. She was very busy with her work.

B. She had to take care of her children.

C. She thought the neighborhood unsafe.

D. She had few friends in the neighborhood.

2. What did Nancy do in the garden before the visitors came? [ ]

A. She picked some flowers in the garden.

B. She invited a neighbor to give her advice.

C. She moved tables and chairs into the garden.

D. She tried to make the garden tidy and beautiful.

3. From the text, we can learn that the old woman was _____. [ ]

A. rich and energetic

B. wise and friendly

C. quiet and sensitive

D. lively and humorous

4. What would be the best title of the text? [ ]

A. Nature's beauty

B. An autumn story

C. The art of garden

D. A happy housewife