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甲到乙家做客,对乙家的一幅画很感兴趣。乙表示,若甲喜欢,可以5000元卖给甲。甲不置可否。甲回家想了一夜,决定买下该画。第二天,甲便给乙打电话,表示愿以5000元的价格买下该画,但乙反悔。甲第二天给乙打电话表示愿以5000元买画的行为属于(  )。

  • A.要约
  • B.要约邀请
  • C.承诺
  • D.迟到的承诺
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答案: A
本题解析:

本题属于概念理解应用题,考核的知识点是要约的概念及构成条件。要约,是当事人一方向对方发出的希望与其订立合同的意思表示。要约须具备以下条件:其一,要约是由特定人作出的意思表示;其二,要约应向特定受要约人发出;其三,要约必须表明缔结合同的意图;其四,要约的内容必须具体确定。本题中,甲打电话表示愿以5000元买画的行为符合要约的构成条件,为要约,故选项A是正确的。要约邀请是希望他人向自己发出要约的意思表示,承诺是受要约人同意要约的意思表示,迟到的承诺是逾期的承诺,即作出的承诺超过了要约规定的承诺期限。可见本题中甲第二天给乙打电话表示愿以5000元买画的行为显然不属于要约邀请,也不属于承诺和迟到的承诺。因而选项B、C、D都是不正确的。 【评注】应准确理解和掌握要约的概念和构成条件,并能够将其与要约邀请、承诺等概念加以区别。

更新时间:2021-12-18 19:23

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  • C.见图C
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This would be a romantic adventure. We would row the canoe on the lake under a beautiful bluesky. I was confident it would all go according to plan.?

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Which of the following happened during their canoe trip?

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This would be a romantic adventure. We would row the canoe on the lake under a beautiful bluesky. I was confident it would all go according to plan.?

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This would be a romantic adventure. We would row the canoe on the lake under a beautiful bluesky. I was confident it would all go according to plan.?

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