问题 单项选择题

甲乙双方订立买卖合同,为保证货款的实现,甲要求乙交付总货款6000万的15%为定金,共计900万元,乙对此表示同意,并同时签订定金合同。在交付定金时,乙仅仅带了600万元,并表示2天后补齐,甲接受了600万元定金。但之后乙再也没有交付剩余定金。之后,甲多次催要定金,乙一直没有交付。后甲以乙不履行定金合同为由,要求其承担违约责任。对此,下列表述中正确的是( )。

A.甲的请求能够在法律上得到支持,因为定金合同已经明确约定定金数额

B.因为不履行定金合同,甲可以提出相应比例的主合同不履行作为抗辩

C.甲可以提出解除定金合同与主合同

D.乙的行为不属于违约,定金的实际交付已经改变定金合同的内容

答案

参考答案:D

解析: 本题考点为定金合同的变更。根据《最高人民法院关于适用{中华人民共和国担保法)若干问题的解释》第119条的规定,实际交付的定金数额多于或者少于约定数额,视为变更定金合同;收受定金一方提出异议并拒绝接受定金的,定金合同不生效。从该规定能够可以看出,甲在接受定金之后,已经视为变更定金合同,因此乙并不违约。

单项选择题 A2型题
阅读理解

Linda Evans was my best friend –like the sister I never had ,We did everything to— gether :piano lessons ,movies, swimming , horseback riding.

When I was 13, my family moved away , Linda and I kept in touch through letters ,and we saw each other on special times – like my wedding and Linda’s. Soon we were busy with childern and moving to new homes, and we wrote less often , One day a card that I sent came back , stamped “Address Unknown”, I had no idea about how to find Linda.

Over the years, I missed Linda very much, I wanted to share happiness of my children and then grandchildren , And I needed to share my sadness when my brother and then moth-er died, There was an empty place in my heart that only a friend like Linda could fill.

One day, I was reading a newspaper when I noticed a photo of a young woman who looked very much like Linda and whose last name was Wagman —Linda’s married name.“There must be thousands of Wagmans.”I thought, but I still wrote to her.

She called as soon as she got my letter, “Mrs , Tobin!”she said excitedly, “Linda Ev-ans Wagman is my mother.”

Minutes later I heard a voice that I recognized at once, even after 40 years ,We laughed and cried and caught up on each other’s lives, Now the empty place in my heart is filled, And there’s one thing that Linda and I know for sure; We won’t lose each other again!

小题1:The writer went to piano lessons with Linda Evans       .

A.at the age of 13

B.before she got married

C.before the writer’s family moved away

D.after they moved to new homes小题2:They didn’t often write to each other because they       .

A.got married

B.had little time to do so

C.didn’t like writing letters

D.could see each other on special times小题3:There was an empty place in the writer’s heart because she       .

A.was in trouble

B.didn’t know Linda’s address

C.received the card that she sent

D.didn’t have a friend like Linda小题4:The writer was happy when she       .

A.read the newspaper

B.heard Linda’s voice on the phone

C.met a young woman who looked a lot like Linda

D.wrote to the woman whose last name was Wangman小题5:They haven’t kept in touch       .

A.for about 40 years

B.for about 27 years

C.since they got married

D.since the writer’s family moved awasy