问题 单项选择题

甲与乙订立了一份苹果购销合同,双方约定,甲向乙交付20万公斤苹果,货款为40万元,乙向甲支付定金4万元;如任何一方不履行合同应支付违约金6万元。甲因将苹果卖给丙而无法向乙交付苹果。根据合同法律制度的规定,乙提出的下列诉讼请求中,既能最大限度保护自己的利益,又能获得人民法院支持的是()。

A.请求甲双倍返还定金8万元

B.请求甲双倍返还定金8万元,同时请求甲支付违约金6万元

C.请求甲支付违约金6万元,同时请求返还支付的定金4万元

D.请求甲支付违约金6万元

答案

参考答案:C

解析:《合同法》第一百一十六条规定,当事人既约定违约金,又约定定金的,一方违约时,对方可以选择适用违约金或者定金条款。如适用定金罚则,乙可以得到4万元×2=8万元(其中4万元是乙先向甲支付的);如适用违约金罚则,乙可以得到6万元。表面上看,适用定金罚则得到的金额高于适用违约金,但定金罚则中的4万元是乙先行支付的,所以从最大限度保护乙的利益出发,则是选择违约金6万元,同时定金4万元作为不当得利,由甲返还给乙。

单项选择题

A conventional teacher’s licensee usually requires a university degree in education plus an unpaid term of practice teaching. This has never made much sense. It excludes bright students who take degrees in other subjects, and might teach those subjects; it is costly and time-consuming for career-switchers, who must wait a year or more before they can enter a classroom; it is so rigid that private-school teachers or university professors with years of experience have to jump through hoops before they can start teaching in a state school. And there is virtually no evidence that it creates better teachers. For all that, it is ply backed by schools of education, which have a monopoly of teacher-training, and by teachers’ unions, whose members make more money when it is artificially hard for others to get into the profession.

Now, some 45 states and the Districts of Columbia offer an "alternative route" to a teacher’s licensee, up from only a handful in the 1980s. Alternative certification (AC) generally allows individuals with a university degree to begin teaching immediately after passing an entrance examination. These recruits, watched over by a mentor teach the subject they studied at university, and take education courses at a sponsoring university while drawing their salaries.

The traditional sort of American teacher is likely to be young, white and female. Alternative certification attracts more men and more non-whites. In Texas, for instance, roughly 90% of public-school teachers are white, but 40% of those who have joined through alternative certification are non-whites. The AC route also draws teachers willing to go where they are most needed. A survey of Troops to Teachers, a program that turns exsoldiers into public-school teachers (" Proud to serve again"), found that 39% of those taking part are willing to teach in inner-city schools, and 68% in rural areas.

Are they good teachers Officialdom is reluctant to release the details which might answer that question for certain. But anecdotal evidence suggests they do well. In New Jersey, which has been running this sort of program since 1984, rich districts, which can afford to be choosy, consistently hire more AC teachers than poor districts do. In Houston, Texas, where the Teach of America program (TFA) puts recent university graduates into poor communities as teachers, the most effective teachers are generally the TFA ones. " School principals are our biggest fans," Wendy Kopp, TFA’s president, says proudly.

So why not scrap the cumbersome teacher-licensing laws Frederick Hess, a professor at the University of Virginia, has written a paper for the Progressive Policy Institute arguing that teacher-licensing ought to be stripped to the bare essentials. Prospective teachers should be required only to hold a college degree, pass a test of essential skills, and be checked to make sure they do not have a criminal background. Other training is important, argues Mr. Hess, but the market, not state legislators, should decide what that training looks like. This notion of "competitive certification" has drawn favorable attention from the Bush administration.

What does the author suggest when he calls for "competitive certification" ( Line 7—8, Para.5 )()

A. Simplify teacher-licencing

B. Operate education like a market

C. Scrap unified education standard

D. Make entry easy for prospective teachers

单项选择题