问题 单项选择题

某甲将自己的一头耕牛借给某乙使用,在使用过程中,两人又达成协议:甲将耕牛以 2000元的价格卖给乙,乙须在15天内一次性付清全部价款,付款时标的物所有权转移。但在乙准备付款前一天晚上,耕牛在牛棚中遭雷电被击毙。则耕牛被击毙的风险应由谁承担:

A.由甲承担

B.由乙承担

C.由甲与乙各承担一半

D.由乙承担大部分,甲承担小部分

答案

参考答案:B

解析:本题考查标的物毁损、灭失风险责任的转移时间。   《合同法》第140条规定:"标的物在订立合同之前已为买受人占有的,合同生效的时间为交付时间。"同时,第142条规定:"标的物毁损、灭失的风险,在标的物交付之前由出卖人承担,交付之后由买受人承担,但法律另有规定或者当事人另有约定的除外。"本案中,在乙付款之前耕牛已经交付(根据第140条的规定为简易交付),故其损毁灭失的风险应由买受人乙承担。

单项选择题
阅读理解

Bored by the Chinese courses he was majoring in, Zuo Cheng, 18, couldn't imagine having to drag himself into class day after day, week after week, for four years. The Beijing Language and Culture University student decided that enough was enough. After rounds of examinations and interviews, he managed to transfer (转移) to the Department of International Accounting.

"It may seem like I've wasted a year and have to start college all over again, but now that I've settled on a field, I'll be able to concentrate." Zuo said. Zuo is not alone.

At the China Three Gorges University in Yichang in Hubei province 53 out of 59 students in the Physics Department took transfer exams last term. Unfortunately only 22 of them got a place on another major.

Jiang Xin, 20, who was able to switch to electrical engineering and automation from physics, said that physics graduates had few other choices besides going into teaching. He added that a career in education just didn't suit him.

"I should have better job prospects (前景) and the chance to earn more money once I graduate," Jiang said. Many first year college students find their majors uninteresting.

However, Shao Yanfang, who works at the admissions office of a university, advised students to consider both short-term and long-term goals. "After graduation do you want to find yourself in a job very specifically related to your college major? Or, would you like to possess the knowledge and skills that will enable you to work in many areas? These are the questions students need to consider. Above all, your choice of major should be based on your own interests, abilities and personality," Shao said.

1. After Zuo Cheng managed to transfer the collage major, he felt________.

A. sad          B. happy               C. nervous           D. pitiful

2. Which of the following statements is true?

A. A lot of students are not accustomed to the life on campus.

B. Students who attend university want to earn more money.

C. Students can change their major based on their interests.

D. Students who are weak in their study can change their major.

3. In the passage, Paragraph 3 functions as ________.

A. an example        B. an introduction   C. a conclusion        D. an explanation

4. According to Shao Yanfang, students are supposed to think about ________ when changing majors.

A. present knowledge and skills              B. short-term and long-term goals

C. future earnings and jobs                  D. relationship between friends

5. The text is written mainly for those ________.

A. Company managers                     B. Job hunters

C. Collage directors                       D. College students