问题 问答题


某照相器材商店购进一批新型相机,每部定价为2998元。售货员在制作标价牌时,误将2998元标为1998元。某日,顾客A入店,发现在别处卖近3000元的相机在这里只卖1998元,遂一下买了两部。事后,当售货员再次去库房取货时,才发现每部少收了1000元。商店经多方查找,终于找到A,要求退货或补足差价。A称,自己买回两部相机是付了钱的,买卖已成交,岂有退货之理;再说,其中一部相机已以2600元卖给了同事B,还要看B是否愿意退货。商店按A所指找到B,B也拒绝了商店的要求。商店遂以A、B为被告诉到法院,要求退货或补足差价。
试分析:

商店与A之间民事行为的性质及法律后果如何

答案

参考答案:

解析:商店与A之间民事行为的性质应当认定为重大误解,其法律后果是可变更或可撤销。重大误解的民事行为是指行为人对行为的性质、对方当事人、标的物的品种、质量、规格和数量等的错误认识,使自己行为的后果与自己的意思相悖而作出的行为。本案中,商店错标价格,其行为是一种错误表示,构成重大误解。其法律后果是允许行为人主张变更抑或撤销。

阅读理解

Recently a Beijing father sent in a question at an Interact forum(论坛)asking what“PK”meant.

“My family has been watching the‘Super Girl’singing competition TV programme.My little daughter asked me what’PK’meant,but I had no idea,”explained the puzzled father.

To a lot of Chinese young people who have been playing games online,it is impossible not to know this term.In such Internet games,“PK”is short for“Player Kill”,in which two players fight until one ends the life of the other.

In the case of the“Super Girl”singing competition.“PK”was used to refer to the stage where two singers have to compete with each other for only one chance to go up in competition ranking.

Like this father,Chinese teachers at high schools have also been finding their students’compositions using Internet jargons which are difficult to understand.A high school teacher from Tianjin asked her students to write compositions with simple language,but they came up with a lot of Internet jargons  that she didn’t understand.

“My‘GG’came back this summer from college.He told me I’ve grown up to be a‘PLMM’.I loved to‘FB’with him together;he always took me to the‘KPM’,”went one composition.

“GG”means Ge Ge(Chinese pinyin for brother).“PLMM”refers to Piao Liang Mei Mei(beautiful girl).“FB”means Fu Bai(corruption).“KPM”is short for KF.Pizza Hut and McDonald’s.

Some specialists welcome Internet jargons as a new development in language.

If you do not even know what a Kong Long(dinosaur,referring to an ugly looking female)ora Qing wa(frog,referring to an ugly looking male)is,you will possibly be regarded as a CaiNiao!

小题1:By writing the article,the writer tries to         

A.explain some Internet language

B.suggest common Internet language

C.laugh at the Beijing father

D.draw our attention to Internet language小题2:What does the writer think about the term“PK”?                       

A.Fathers can’t possibly know it.

B.The daughter should understand it.

C.Online game players may know it.

D.“Super Girl”shouldn’t have used it.小题3:The examples of the Beijing father and the Tianjin teacher are used to show that Internet jargons          

A.are used not only online

B.can be understood very well

C.are welcomed by all the people

D.cause trouble to our mother tongue小题4:The underlined word“jargons”means“       ”in Chinese.

A.行话

B.粗口

C.歌词

D.趋势

单项选择题