问题 单项选择题

甲商店委托乙去某市丙公司购买2008年新款电视80台,丙公司经理丁经与乙交谈后,了解到乙涉足电视业务不久,遂向其推荐另款电视,并保证市场畅销。乙遂改为购买丁所推荐的电视80台。甲商店收到电视后,发现该款电视为2007年旧款电视,遂拒绝付款,引起纠纷。下列论述正确的是:

A.乙所签订合同为重大误解的合同
B.乙所签订合同为乘人之危的合同
C.乙所签订合同为显失公平的合同
D.甲商店有权拒绝付款

答案

参考答案:D

解析:[考点] 合同无效、可撤销的法定条件
乙所签订合同为无权代理应无异议。乙对标的物并未发生错误认识,其在购买时已经知晓所购买的非2008年新款电视,故不构成重大误解。乙当时并未处于危难境地,故不构成乘人之危。本题的难点在于,乙所签订合同是否为显失公平的合同。根据《民通意见》第72条规定:“一方当事人利用优势或者利用对方没有经验,致使双方的权利义务明显违反公平、等价有偿原则的,可以认定为显失公平。”可见显失公平的认定应满足两个要求:一是一方当事人利用优势或者利用对方没有经验;二是行为的后果为双方的权利义务明显违反公平、等价有偿原则。从题目上看,乙涉足电视业务不久,那么是否可以认为丁利用乙没有经验呢答案是否定的,原因在于乙的行为为代理行为,其行为后果由被代理人甲商店承受,甲商店与丙公司均为经过登记专业从事交易的商主体,从事商业交易行为不存在欠缺经验问题。从结果上看,乙所购买的电视虽为旧款电视,却不一定存在权利义务明显违反公平、等价有偿原则的情形,因此,不能认定构成显失公平。

阅读理解

阅读理解。

     One day, a farmer was walking along a road with his son Thomas. The father said, "Look! There's a

horseshoe. Pick it up and put it in your bag."  Thomas said , "It isn't worth the trouble. "  His father said

nothing but picked it up himself. When they got to a nearby town, they had a rest. There the farmer sold

the horseshoe and with the few pennies he bought some cherries.

     The father and the son continued their way. The sun was well up in the sky, and there wasn't a house

or even a tree where they could have a rest. Thomas felt too thirsty  to  walk  on. At this time, his  father

dropped a cherry on the ground and Thomas picked it up quickly and ate it.   After  a  while,  his  father

dropped another cherry  and  once  again,   his son lost some time  in  picking  it  up and  putting it in his

mouth.

     And so they went on. The old farmer  dropped   the  cherries and  the  son picked  them up.  When

Thomas had eaten up all the cherries, his father said to him, "My dear son, if you had bent down earlier

to pick up that horseshoe. it  would not have been necessary for you  to  bend  so  many  times  for the

cherries. Always remember  the  lesson that  anyone who does not worry about the little things will find

that he cannot do the great things.

1. Who picked up the horseshoe at last?

A. Thomas.                            

B. The old father.

C. Both the father and the son.            

D. Neither the father nor the son.   

2. The farmer bought _______ with the money after he sold the horseshoe.  

A. some food        

B. some water      

C. some cherries  

D. some pennies  

3. When the son refused to pick up the horseshoe, the father _______.

A. felt very happy  

B. didn't say anything    

C. beat the son      

D. became a little angry

4. The father dropped the cherries one by one, because _______.

A. he wanted his son to eat them all        

B. he wanted his son to do more exercise

C. lie wanted to teach his son a lesson      

D. he wanted his son to pick them up

5. From the story, we can learn that _______.

A. cherries are so delicious that most of us like to eat them

B. a horseshoe is so expensive that it can bring us a lot of money

C. if the boy wants to eat cherries, he must pick up the horseshoe

D. if we want to do some great things, we should start with some small ones

解答题