问题 单项选择题

甲乙订立加湿器试用买卖合同,约定试用期为3个月,在试用期内,如加湿器出现质量问题,由甲予以更换。5月2日,甲交付加湿器,8月3日,甲要求乙付款,乙称加湿器质量有问题,要求解除试用合同。则下列说法正确的是哪项( )

A.加湿器质量有问题,乙可解除合同,不须付款

B.甲的加湿器有质量瑕疵,乙超期使用,双方均有过错,分担责任

C.试用买卖已转为普通买卖,乙应当付款

D.因加湿器质量存在瑕疵,普通买卖合同不成立

答案

参考答案:C

解析:[考点] 试用买卖[详解] 根据《合同法》第158条的规定,当事人约定检验期间的,买受人应当在检验期间内将标的物的数量或者质量不符合约定的情形通知出卖人。买受人怠于通知的,视为标的物的数量或者质量符合约定。本案例中,甲乙订立试用买卖合同,试用期为三个月,可以认为是约定的检验期间,在此期间乙未通知甲加湿器有质量问题,视为加湿器的质量符合约定。根据《合同法》第171条的规定,本案例中, 乙在三个月期限届满,对是否购买标的物未作表示,视为购买加湿器,乙应付款。

选择题
阅读理解

The Chinese word “Shanzhai” means a small mountain village, but now it becomes an accepted name for fakes (假货), after “Shanzhai Cell-phones” produced by small workshops in southern China became popular in the mainland market over the past two years.

Besides “Shanzhai” electronic products, there are “Shanzhai” movies, “Shanzhai” stars and even a “Shanzhai” Spring Festival Gala (联欢晚会), a copy of the 25-year-old traditional show presented by CCTV on Chinese Lunar New Year’s Eve.

“Shanzhai” has become a culture of its own, meaning anything that imitates something famous.

In Chongqing, “Shanzhai” version “Bird’s Nest” and “Water Cube” woven by farmers with bamboo attract wide attention from tourists. Both are copies of the famous Olympic buildings in Beijing.

A literature critic said that taking the “Shanzhai” Gala as an example, when the traditional CCTV program becomes less and less attractive to the audience, the“Shanzhai” version appears timely to attract people. “Although it is often connected with poor techniques and operation, ‘Shanzhai’ culture meets the psychological needs of common people and could be a comfort to their minds,” he said.

To the mainstream (主流的) culture, the rise of “Shanzhai” culture is a challenge and a motivation (动力). People believe different kinds of cultures developing together is a perfect situation and it is for the public to choose.

小题1:The Chinese word “Shanzhai” may have started with ______.

A.Spring Festival Gala

B.electronic products

C.fake cell-phones

D.Olympic buildings小题2:According to the passage, “Shanzhai” culture refers to ______.

A.the action that a person imitates famous people

B.products with poor techniques and quality

C.those similar names to famous brands

D.anything that imitates something famous小题3:We can infer that the mainstream culture ______.

A.may develop faster because of the challenge of “Shanzhai” culture

B.is the challenge of “Shanzhai” culture

C.will be replaced by “Shanzhai” culture

D.is held back by “Shanzhai” culture