问题 单项选择题

甲公司委托行纪人乙公司代其从市场上买进10万个某种电子元件,约定的价格为10元/件。下列关于乙公司的行为说法正确的是:

A.乙公司以8元/件从市场上购得相应产品,所得利益归自己所有

B.由于市场价格升高,乙公司以 12元/件从市场上购得相应产品,要求甲公司支付差额

C.乙公司自己手中正好有此类产品,将这些产品卖给甲公司,并要求甲公司支付报酬

D.乙公司以8元/件从市场上购得相应产品,由于合同没有约定增加报酬,乙公司无权要求甲公司支付报酬

答案

参考答案:C

解析:[考点] 行纪合同 《合同法》第418条规定:“行纪人低于委托人指定的价格卖出或者高于委托人指定的价格买入的,应当经委托人同意。未经委托人同意,行纪人补偿其差额的,该买卖对委托人发生效力。 行纪人高于委托人指定的价格卖出或者低于委托人指定的价格买人的,可以按照约定增加报酬。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,该利益属于委托人。 委托人对价格有特别指示的,行纪人不得违背该指示卖出或者买入。”,由此,A项利益属于委托人,错误。如果没有约定增加报酬,依照该法第61条的规定确定报酬,不一定无权请求。D项错误。B项中未经委托人同意,行纪人补偿其差额。 第419条规定:“行纪人卖出或者买人具有市场定价的商品,除委托人有相反的意思表示的以外,行纪人自己可以作为买受人或者出卖人。 行纪人有前款规定情形的,仍然可以要求委托人支付报酬。”可见,C项是合法的。

阅读理解

Diego Maradona acknowledged(承认) that he struck the ball with his hand in the famous “Hand of God “ goal against England in the 1986 World Cup quarterfinals.

Maradona appeared to hit the ball with his hand into the net, and officials allowed the goal to stand despite protests by the English team. Argentina went on to win the 1986 quarterfinal match 2-1 and then win the World Cup.

In his most detailed comments yet, Maradona said he was unable to reach the ball for a header(头球) when he went up against the taller English goalkeeper, Peter Shilton.

After the score, Maradona said he quickly realized the line referee(裁判) had allowed the goal but none of themselves were figuring the goal would be effective.

“I was waiting for my teammates to hug me and no one came,” said Maradona, who was the team captain. “I told them, ‘Come and hug me or the referee isn’t going to allow it.’”

In his 20-year career before retiring in 1997, Maradona starred at Argentinas Juniors and Boca Juniors and in Europe. He also led Argentina league titles(冠军).

In 1991, Maradona failed a drug test and was banned for 15 months. Nine years later, FiFA chose him and Pele as the best players in soccer history.

Recently, he was appointed vice president of Boca Juniors. And with his new TV show, Maradona, 45, has returned to public eyes after years of dealing with drug and health problems.

小题1:This passage comes from ________.

A a report of some newspaper.              B Maradona’s autobiography

C statement of an official                  D an interview with Maradona’s teammates

小题2:Maradona was chosen as one of the best players in soccer history in ____.

A 1986          B 1997         C 2000         D 2001

小题3:The underlined word “figuring” is closest in meaning to ____.

A pretending    B thinking      C hoping       D celebrating

小题4:Which of the following is NOT true according to the passage?

A Striking the ball with one’s hand into the net is effective.

B Maradona didn’t pass a drug test.

C Maradona won the 1986 World Cup.

D Maradona retired in 1997.

小题5:We can learn the following from the passage EXCEPT THAT ___.

A Maradona was once a drug taker.

B Maradona had planned to head the ball but failed.

C his teammates rushed to congratulate him after Maradona had shot the goal.

D Maradona once had some health problems.

单项选择题