问题 单项选择题

某旅游者与旅行社签订一份由旅行社提供的旅游合同。在该合同履行过程中,旅行社和旋游者对合同中“名胜古迹”含义的理解发生分歧。旅游者认为某建筑属于名胜古迹,旅行社应当安排游览,而旅行社持相反观点。根据合同法规定,对此条款的解释应按照( ).

A.通常理解进行解释

B.公平原则进行解释

C.旅游习惯进行解释

D.对旅行社不利原则进行解释

答案

参考答案:D

解析:合同条款的解释  根据合同法第41条规定,对格式条款的理解发生争议的,应当按照通常理解予以解释。对格式条款有两种以上解释的,应该作出不利于提供格式条款一方的解释。格式条款和非格式条款不一致的,应当采用非格式条款。本题中的“名胜古迹”按通常理解不能做出唯一的解释,所以只能采取不利于格式条款提供一方的解释,选项D是正确的。

填空题

[A] Look and listen and think about what the other person says, how they say it and what they do. Be aware of yourself as well If you recognize a pause in the wrong place or a phrasing that implies weakness then immediately look for a way to counter the impression produced. The game is not lost until the encounter is over. Many of these signals do not require a deep study of psychology. They require awareness, some common sense to recognize meaning and a readiness to do something about the signals that are sent and received.

[B] Recognition of body language also helps to understand our own feelings. If we feel irritated by someone, could it be because they are leaning back in their chair, with head slightly tilted back (looking down their noses at us), perhaps with hands together making a shape like a church steeple, or with hands behind their head We may both be standing up and the other person is holding their jacket lapels, waggling their thumbs at us. These are all gestures of superiority and might explain our annoyance. Understanding this, we may be able to handle it better.

[C] If we can interpret this involuntary commentary then our negotiating position will be per. We could recognize a lie, whether our arguments were being accepted or whether the other party was unreceptive and adjust our behaviour accordingly.

[D] Many studies claim to show that over 50 percent of the messages we convey are through gesture, expression and posture. This is in addition to the messages conveyed through tone of voice. Whether it be banging the table with our fists, directing an angry stare or looking puzzled, it is hard to deny the importance of this side of communication. The astute dealer is always alive to body language but don’t concentrate so much on it that you don’t pay attention to what is actually said.

[E] Signals don’t appear singly but in clusters of several that reinforce each other. Don’t rely upon just one gesture that may be misinterpreted but take the wider evidence available. We frequently say things we don’t mean and mean things we don’t say. How easy it is to imply things we don’t mean! Interpretation of the "sub-text" of communication is inaccurate. Don’t rely upon what you think is going on under the surface without checking you interpretation.

[F] Some expressions and gestures are particular to specific cultures, while others are common to the entire human race, such as smiling or the bared teeth of anger. A smile can be faked, it can mask anger and aggression. However, the way we stand and what we do with our hands is harder to control. There is another layer of body signals, of greater subtlety, such as the narrowing of eyes, the shape of the smile and even the contraction of the pupils of the eye, which may also betray the real feelings of the smiling negotiator. Most of those gestures are universal.

[G] Typically, someone who is lying will avoid your eye and may look downwards. They may touch their faces around the mouth and have the palms of their hands hidden from you. The other party may adopt a tone of voice of great sincerity and look you steadily in the eye in order to reinforce the deception of their words. If you look away from that gaze you may see signals they are unable to control, which give the game away.

[H] We all recognize a lot unconsciously, which is how we get a feeling that someone is lying or that they are bored. In lying, people’s expressions, postures and gestures convey contrary messages to their words and we intuitively recognize the disparity. To negotiate more effectively, be sensitive to these signals, whether by paying more attention to your feelings or by consciously observing and thinking about the gestures and expressions we see.

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单项选择题