问题 单项选择题

某建筑公司通过电话向某水泥厂询问是否有水泥,如有,先订购100吨。水泥厂答曰目前只有30吨,余者可陆续发货,建筑公司同意。双方约定具体订货吨数、送货批次、时间等事项以事后签订确认书为准。后建筑公司因施工急用水泥,未及与水泥厂签订确认书,就通知水泥厂运货过去。水泥厂分两次一共运去水泥140吨,建筑公司均接受。则关于双方之间的合同关系,以下说法正确的是

A.合同未成立,因为双方未依约签订确认书

B.合同已成立。因为双方于通电话时已就订立合同达成合意,只不过订货数量等具体事项未定而已

C.合同已成立。因为建筑公司已接受水泥厂履行义务

D.以上说法都不对

答案

参考答案:C

解析:本题考查合同的成立。   根据《合同法》第33条规定,当事人采用信件、数据电文等形式订立合同的,可以在合同成立之前要求签订确认书。签订确认书时合同成立。但第36条同时规定:"法律、行政法规规定或者当事人约定采用书面形式订立合同,当事人未采用书面形式但一方已经履行主要义务,对方接受的,该合同成立。"在本案中,虽然双方约定事后签订确认书而未签订,但由于建筑公司接受了水泥厂履行义务,故合同自建筑公司接受履行时成立,而不必非得由双方签订确认书。 B不对,因为当事人达成订立合同的合意并不意味着合同已成立,合同成立的标志是当事人对合同的主要条款达成合意。本案双方打电话时就订货数量、履行期限、方式等合同主要条款并未达成一致意见,故合同当时并未成立。

阅读理解

If you could be anybody in the world, who would it be? Your neighbour or a super star? A few people have experienced what it might be like to step into the skin of another person, thanks to an unusual virtual reality(虚拟现实)device. Rikke Wahl, an actress, model and artist, was one of the participants in a body swapping experiment at the Be Another lab, a project developed by a group of artists based in Barcelona. She swapped with her partner, an actor, using a machine called The Machine to Be Another and temporarily became a man. "As I looked down, I saw my whole body as a man, dressed in my partner's pants," she said. "That's the picture I remember best."

The set-up is relatively simple. Both users wear a virtual reality headset with a camera on the top. The video from each camera is sent to the other person, so what you see is the exact view of your partner. If she moves her arm, you see it. If you move your arm, she sees it.

To get used to seeing another person's body without actually having control of it, participants start by raising their arms and legs very slowly, so that the other can follow along. Eventually, this kind of slow synchronised(同步的)movement becomes comfortable, and participants really start to feel as though they are living in another person's body.

Using such technology promises to alter people's behaviour afterwards-potentially for the better. Studies have shown that virtual reality can be effective in fighting racism-the bias(偏见)that humans have against those who don't look or sound like them. Researchers at the University of Barcelona gave people a questionnaire called the Implicit Association Test, which measures the strength of people's associations between, for instance, black people and adjectives such as good, bad, athletic or awkward. Then they asked them to control the body of a dark skinned digital character using virtual reality glasses, before taking the test again. This time, the participants' bias scores were lower. The idea is that once you've "put yourself in another's shoes" you're less likely to think ill of them, because your brain has internalised the feeling of being that person.

The creators of The Machine to Be Another hope to achieve a similar result. "At the end of body swapping, people feel like holding each other in their arms," says Arthur Pointeau, a programmer with the project. "It's a really nice way to have this kind of experience. I would really, really recommend it to everyone."

小题1:The word "swapping" (paragraph 1) is closest in meaning to______.

A.building

B.exchanging

C.controlling

D.transplanting小题2:We can infer from the experiment at the Be Another lab that______.

A.our feelings are related to our bodily experience

B.we can learn to take control of other people's bodies

C.participants will live more passionately after the experiment

D.The Machine to Be Another can help people change their sexes小题3:In the Implicit Association Test, before the participants used virtual reality glasses to control a dark skinned digital character, ______.

A.they fought strongly against racism

B.they scored lower on the test for racism

C.they changed their behaviour dramatically

D.they were more biased against those unlike them小题4:It can be concluded from the passage that______.

A.technology helps people realize their dreams

B.our biases could be eliminated through experiments

C.virtual reality helps promote understanding among people

D.our points of view about others need changing constantly

单项选择题 A3/A4型题