问题 问答题

某年2月1日,甲公司与乙公司签订买卖合同,根据合同约定,甲公司向乙公司购买一批建筑材料,价款为600万元,由甲公司向乙公司支付定金125万元,在2月25日之前交付,并且约定由某建筑公司于3月2日向甲公司交货,甲公司在验货合格后的次日以商业承兑汇票方式结算。
2月20日,甲公司如约支付了定金。3月2日,由于建筑材料价格上涨,建筑公司没有按期向A公司交货,经过协商,建筑公司于3月18日向甲公司交付了货物,甲公司当天验收,质量符合合同标准,于3月19日开出面值600万元,5个月到期的商业汇票,A保证人为甲公司保证,并在票据正面注明保证字样和保证人签章。乙收到票据后按期向承兑人提示承兑,并于6月9日将该票据背书转让给丙公司,丙公司又背书转让给丁公司。丁公司于8月22日向承兑人提示付款,由此牵涉出以下问题:
(1) 甲公司认为票据未记载付款地和出票地,记载事项不完整,拒绝付款;承兑人认为持票人未按规定期限提示付款,拒绝付款。
(2) 丁公司向丙公司索要票据款项,丙公司认为票据背书时未注明背书日期,背书行为无效,拒绝承担责任。
(3) 丁要求乙付款,乙认为按照债务人的顺序,应先由丙付款,丁不能对其直接要求付款,因此拒绝付款。
(4) 丁要求A担保人代为付款,A同意付款。
[要求] 结合以上资料,根据《合同法》、《票据法》的有关规定,分析回答下列问题:

甲乙双方约定的定金数额是否符合法律规定并说明理由。

答案

参考答案:

解析:甲、乙双方约定的定金数额不符合法律规定。根据规定,定金的数额由当事人约定,但不得超过主合同标的额的20%,超过部分无效。此处的合同标的额为600万元,约定的定金数额超过了合同标的额的20%,因此是不符合规定的。

单项选择题
单项选择题

Many critics of our British "public school" consider that far more stress is placed upon achievements in athletics than in the academic sphere, and, in particular, complain against games being compulsory. We are told that it is (76) to compel boys with no athletic (77) to spend hours of misery on a cricket or football field, when, if (78) to themselves, they would occupy their time far more usefully and enjoyably in some (79) hobby. The (80) to this argument (81) the facile assumption that every non-athlete has some profitable hobby. This is not true; (82) even if it were, model engineering or stamp-collecting is no substitute for being out in the fresh air, exercising the muscles and having (83) with other human beings.

(84) the youthful idolizing of athletes, which tends to upset a boy’s (85) of values and may do (86) harm to the objects of this hero-worship, (87) a very different matter. The schoolboy (88) may suffer enormously through being adorned at an early age with a spurious (89) of artificial light. From Preparatory School to University his career is a (90) procession Then he becomes a legend for the future, one of the greatest products of the school that is proud to call him her son although (91) may have taught him nothing except to play football—which he could do already. Not until he hangs up his football boots for the last time and takes his stock out into the open market of the world does he realize his true value—or the lack of (92) . It would be (93) for everybody if this tinsel pageantry were stripped from games at an early stage. The boy who is good at games is entitled to the admiration of his fellows.

But there are still those devotees of sport who support the emphasis laid on school games for much deeper masons, and for whom sport is kind of religion. To them the sporting spirit is the finest attitude with which to face life, since its possessor is very conscious of his obligation to the (94) Yet the truth about the religion of sport is that it does not deliver the goods; it fails to produce sportsmen. In actual fact, games have practically no effect on character, for a selfish man will play his game selfishly in spite of all that has been talked about the team spirit, while a chivalrous man will be chivalrous in his games. Games afford an opportunity for showing the spirit within; they are a (95) for virtue or for vice; and it is for this that we should value them, not as some miraculous process for making a bad man or a crooked man straight. If we support the system of compulsory games, let it be for the right reasons.

79()

A.profitable

B.perfect

C.professional

D.appropriate