问题 问答题

2003年5月,胡某到某市百货商场买照相机,该商场售货员因工作疏忽,错将一架尼康相机价格4500元标成450元。胡某看到这架相机价格便宜而且性能良好,便买了下来。事隔一周后,商场盘点时发现了错误,就派人找到胡某,要求他补足货款或退款退货,而胡某认为标错价是商场的责任,货既然已经卖出,就不能再补钱,也不退货。于是,该百货商场到人民法院起诉,诉称售出此架尼康相机属重大误解的民事行为,请求人民法院予以撤销。
问题:

法院对本案应如何处理

答案

参考答案:行为人对行为内容有重大误解的民事行为可以请求人民法院予以变更或撤销。故人民法院应根据原告的诉讼请求,变更或撤销这一民事行为。

解析:《合同法》第54条:“下列合同,当事人一方有权请求人民法院或者仲裁机构变更或者撤销:
(一)因重大误解订立的;
(二)在订立合同时显失公平的。
一方以欺诈、胁迫的手段或者乘人之危,使对方在违背真实意思的情况下订立的合同,受损害方有权请求人民法院或者仲裁机构变更或者撤销。
当事人请求变更的,人民法院或者仲裁机构不得撤销。”

填空题
阅读理解

Mrs Keller had a big family. Her husband had a factory in the town. One of her sons was a lawyers and the other two were drivers. And her two daughters worked in the post office. The old woman stayed at home and could do all housework and wouldn’t employ anybody.

One evening, the telephone rang while the old woman was preparing supper. She went to answer it. She was told that one of her sons died in a traffic accident. She heard this and fell in a faint. When she came back to life, she was in hospital. And she needed to be helped after that.

Several months later she was told on the telephone her daughter died while she was being operated on. The old woman was so sad that she had to be in hospital again. From then on she was afraid to answer any telephones and sometimes she was afraid hear the bell. Of course it brought them some trouble and some important business was held up. So her husband advised her to see a psychiatrist. The man examined her carefully and then asked her some questions.

“You will soon be all right if you follow my advice, Mrs Keller.” said the psychiatrist.

The old woman took the medicine the doctor gave on time and tried to forget her dead son and daughter. And two months later she went to see the psychiatrist again.

“You have saved me, Doctor,” the old woman said, as soon as she saw him.

“Are you afraid to answer the telephone now?”

“No,” answered Keller.

“I dare answer it whether it rings or not.”

小题1:Mrs Keller could do all housework because ______.

A.she had no money to employ a helper.

B.she was strong enough to do all at home

C.she didn’t believe anybody

D.only she was free at home小题2:The old woman fell in a faint because _____

A.she went to answer the telephone.

B.she was very ill that evening

C.she walked in the room carelessly

D.she heard the news about her son’s death.小题3:After she came out of hospital, Mrs Keller wasn’t _________as before.

A.strong

B.able

C.clever

D.sad小题4:______made the old woman not answer the telephone.

A.The doctor’s advice

B.Her husband’s suggestion

C.Her poor health

D.The two pieces of bad news