问题 单项选择题 案例分析题

A国甲进口公司与B国乙出口公司订立了买卖工业添加剂的国际货物买卖合同。合同约定采用CIF术语,丙市为装运港,丁市为目的港,信用证付款。卖方按合同约定日期将货物装船,并提供了质量合格证书。随后,清洁提单获得签署,货款获得议付。目的港卸货时,经合同约定的商检机构检验,工业添加剂因运输途中船舶失火受损变质,失去预期用途。

因为货物受损变质,不符合预期用途,故买方有权()。

A.凭提单向承运人提出赔偿请求

B.凭保险单向保险公司提出赔偿请求

C.凭货物买卖合同同卖方提出赔偿请求

D.凭付款凭证向银行提出赔偿请求

答案

参考答案:B

解析:本题考查的考点是CIF贸易术语下风险的转移。《公约》第66条规定,货物在风险移转到买方承担后遗失或者损坏,买方支付价款的义务并不因此解除,除非这种遗失或损坏是由于卖方的作为或不作为所造成。因此,买方只能凭保险单向保险公司提出赔偿请求。本题的正确答案是B。

论述题
阅读理解
阅读理解
     Jim suffered heart problems. In conversation he expressed little joy and it seemed that his life was
drawing to a close.
     When his heart problems led to operation, Jim went through it successfully, and a full recovery was
expected. Within days, however, his heart was not beating properly. Jim was rushed back to operation,
but nothing was found to explain the cause of his illness. He died on the operating table on the day before
his 48th birthday.
     Dr. Bruce Smoller, a psychologist (心理学家), had had many conversations with him, and the more
he learned, the stranger he realized Jim's case was. When Jim was a child, his father,a teacher, suffered a
heart attack and stayed home to recover. One morning Jim asked his father to look over his homework,
promising to come home from school at noon to pick it up. His father agreed, but when Jim returned his
father had died. Jim's father was 48.
     "I think all his life Jim believed he killed his father, "Dr. Smoller says. "He felt that if he had not asked
him to look at his homework, his father would have lived. Jim had been troubled by the idea. The
operation was the trial(判决) he had expected for forty years. "Smoller believes that Jim willed himself
not to live to the age of 48.
     Jim's case shows the powerful role that attitude (态度) plays in physical health, and that childhood
experiences produce far-reaching effect on the health of grownups. Although most cases are less direct
than Jim's, studies show that childhood events, besides genes, may well cause such midlife diseases as
cancer, heart disease and mental illness.
1. Jim was sent back to operation because                   . 
A. his heart didn't work well
B. he expected a full recovery
C. his life was drawing to a close
D. the first one wasn't well performed
2. What made Dr. Smoller feel strange about Jim's case?   
A. Jim died at a young age.
B. Jim died on the operating table.
C. Both Jim and his father died of the same disease.
D. Jim's death is closely connected with his father's
3. From Smoller's words, we can infer that                      . 
A. Jim's father cared little about his study
B. Smoller agreed that Jim did kill his father
C. Jim thought he would be punished some day
D. Smoller believed Jim wouldn't live to the age of 48
4. Which of the following could have strong effect on one's physical health according to the text?  
a. One's genes.   b. One's life in childhood.  c. One's physical education.  
d. The date of one's birthday.  e. The opinions one has about something.
    
A. a,b,d          
B. a,b,e      
C. a,c,e        
D. b,c,d