问题 单项选择题

技术开发合同当事人在合同中没有约定风险责任的承担,在合同履行过程中,因出现无法克服的技术困难,导致研究开发失败或者部分失败,而双方又无法达成补充协议的,其风险责任由()。

A.委托方承担

B.研究开发方承担

C.双方当事人合理分担

D.双方当事人平均分担

答案

参考答案:C

解析:《合同法》第三百三十八条规定,技术开发合同履行过程中,因出现无法克服的技术困难,致使研究开发失败或者部分失败的,该风险责任由当事人约定。没有约定或者约定不明确,依照本法第六十一条的规定仍不能确定的,风险责任由当事人合理分担。

探究题
单项选择题

When Dave was eighteen, he bought a secondhand car for 200 so that he could travel to and from work more (1) than by bus. It worked quite well for a few years, but then it got so old, and it was costing him (2) much in repairs that he decided that he had better (3) it.

He asked among his friends to see if anyone was particularly (4) to buy a cheap car, but they all knew that it was falling to pieces, so (5) of them had any desire to buy it. Dave’s friend Sam saw that he was (6) when they met one evening, and said, "What’s (7) , Dave"

Dave told him, and Sam answered, "Well, what about advertising it in the paper You may (8) more for it that way than the cost of the advertisement!" Thinking that Sam’s (9) was sensible, he put an advertisement in an evening paper, which read "For sale: small car, (10) very little petrol, only two owners. Bargain at 50. " For two days after the advertisement first appeared, there was no (11) . But then on Saturday evening he had an enquiry. A man rang up and said he would like to (12) him about the car. "All right, " Dave said, feeling happy. He asked the man whether ten o’clock the next morning would be (13) or not. "Fine, " the man said, "and I’ll (14) my wife. We intend to go for a ride in it to (15) it. "

The next morning, at a quarter to ten, Dave parked the car in the square outside his front door, (16) to wait there for the people who had (17) his advertisement. Even Dave had to (18) that the car really looked like a wreck. Then, soon after he had got the car as clean (19) it could be, a police car stopped just behind him and a policeman got out. He looked at Dave’s car and then said, "Have you reported this (20) to us yet, sir\

3()

A.keep 

B.repair 

C.sell 

D.throw