问题 单项选择题

乙为水泥厂,甲为水泥销售公司。甲、乙订立一购销合同,约定乙于6月1日前送水泥1000吨给甲;甲支付定金10万元给乙。后乙于6月2日将1000吨水泥运至甲处。甲以乙违约(迟延履行1天)为由,要求乙双倍返还定金20万元。以下说法正确的是:

A.不能得到支持

B.甲只可以请求返还定金11万元

C.乙可请求人民法院减少定金返还数额

D.双方应协商确定返还定金的数额

答案

参考答案:A

解析:《担保法解释》第120条:“因当事人一方迟延履行或者其他违约行为,致使合同目的不能实现,可以适用定金罚则。但法律另有规定或者当事人另有约定的除外。 当事人一方不完全履行合同的,应当按照未履行部分所占合同约定内容的比例,适用定金罚则。”题中,乙方违约情形轻微,并没有致使合同目的不能实现,因此不应当适用定金罚则,因此,只有A项是正确的。

阅读理解

阅读理解。

     Here is a passage about learning a foreign language.

     Outside of class, the most natural way of finding out if you are making mistakes is from other people's

responses. If the mistakes are too serious, your listeners will be asking you all the time what you mean. If

they are not so serious, then people may be asking you whether you said such and such. That will tell you

how close you are to speaking "cogently".

     Of course, there are other times when it is important to have errors pointed out. Your class assignments

(作业) are probably marked in this way, in which case you need to spend time going over them to take

advantage of the individual feedback. In some classes the teacher gets better and better at grammar because

she does all the corrections, but the students make slow progress if, when an assignment is returned, they

quickly stuff it into their folders without looking.

     You are the person who should be connecting your error, even if the marker has signaled them, when

you look at them; there are some steps to work through. One distinction that has been made about learners'

language is this. You make mistakes about rules that you already know but you make errors about points

you haven't learned yet. In other words, you can find your own mistakes, but not your errors. First, make

sure you understand what you have written or said, or your correction will simply be another stab at the

right answer. Next, decide on the best way of practicing the correct form. Would it help you to write out

the sentence once more? Can you make up another similar sentence? Then you could test yourself in a few

days time to see whether you have remembered the right form, anyone can get it right immediately after

being told. He challenge is to remember it and apply it later.

1. We can learn from the passage that _____ in learning a foreign language.

A. making mistakes about rules can always be avoided

B. speaking is the only way to correct mistakes

C. getting and using responses is important

D. errors can be easily corrected

2. How can you know that you are making fewer mistakes when speaking a foreign language?

A. By following the suggestions the writer put forward.

B. By practicing the correct forms.

C. From the teacher's getting better and better at grammar.

D. From your listeners responses.

3. The writer thinks some students make slow progress because _____.

A. they understand what they have written or said

B. they have remembered the right form

C. they hardly pay attention to their marked assignments

D. they decide on the best way of practicing the correct form

4. Which of the following might be the most important to work through your mistakes?

A. Keeping the right form in mind and using it later.

B. Writing out the sentence once more.

C. Learning your mistakes by heart.

D. Correcting your mistakes and writing down the teacher's words.

单项选择题