题干

同2013年5月,王东请某装修公司为自己装修新房。双方口头约定装修的价格、质量、项目、材料等内容。装修完毕后,王东发现装修公司所用木料质量差,要求公司换材料重新装修,遭到装修公司拒绝。双方发生争执,王东把装修公司告上法院,法院审理后以证据不足驳回王东的诉讼请求。

运用合同的有关知识谈谈你对上述案例的看法。

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答案(点此获取答案解析)

(1)材料中“双方口头约定”体现的是一种口头合同。口头合同是当事人通过口头语言表达意思一致的合同,在现实生活中是一种常见的合同形式。它可以用在一些标的额比较小、权利义务关系相对简单的民事法律关系中。(2)从上述材料中可以看出,口头合同有其不易分清权责、发生纠纷时难以举证的缺点,应尽量慎用。如果王东与装修公司订立书面合同,此问题的解决就比较容易。

同类题2

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    Do you know what may make you seem to be not confident enough?____.

    Giving reasons for your actions. Suppose you are having lunch with a group of people, and suddenly you drop your glass of coke on the floor. What will you do? Well, some people will just start to explain why it has happened.____ If you drop a glass or make a mistake, it won't change who you are. It's your right to make a mistake because you are a human being.

    ____ You may have experienced a situation where you told a friend his performance wasn't that good and then he replied back immediately by saying, “No, no, no, it's just because I was tired” or “I was just thinking of something else”. Confident people listen to criticism and see whether it's true or not.____ However, if they know it's not true, they don't care much about it.

    Becoming a perfectionist. A perfectionist thinks that he lives in a perfect world so he tries to do everything perfectly.____ Confident people are not perfectionists. If they get a “B”, they may try to get an “A” next time, but if they get 99/100, they won't be unhappy about not getting a full mark because they know they're not perfect.

A. Confident people don't give reasons for their actions.

B. Read the following information and you'll know the answer.

C. Accepting criticism immediately.

D. Replying back immediately to criticism.

E. If the criticism is true and can help them, they accept it.

F. He may become very unhappy if he gets 99/100 in an exam.

G. He may become very unhappy if he can't pass the exam.