问题 单项选择题

甲公司在报上刊登广告表示“本公司有X设备一套,因转产现转让,欲购者从速联系。”乙厂厂长因公出国,副厂长看到广告后即去甲公司考察,认为该设备说明书表明该设备性能先进,且价格合理,经与甲公司总经理协商后,用随身携带的已加盖公章的空白合同纸填写合同。约定,甲公司供给乙厂X设备一套,价额100万元,质量标准为符合设备说明书标明的性能,运输方式为送货;送货期限为合同生效后的10天,付款期限为货到付款70%,验收合格后余款付清,违约金10%;乙厂在甲公司加盖公章后5日内付定金3万元。乙厂副厂长将填写完毕的合同交给甲公司总经理,其随即加盖了甲公司公章,各持一份。
  根据上述事例,请回答下列问题。

甲公司送货有困难,委托丙汽车运输公司代送,送货途中由于车辆发生事故延期到达工厂1个月,则(根据已知的条件):

A.甲公司应向乙厂支付违约金10万元

B.丙汽车运输公司应向甲公司支付违约金

C.丙公司应向乙厂支付违约金

D.以上均不正确

答案

参考答案:D

解析:理由:本题考查延迟履行合同义务的解决方式。
  甲公司与乙厂订立的合同约定甲公司送货到乙厂处,因此根据合同法的相关规定,只有将货送到乙厂甲公司才算交付了货物,风险才转移给乙厂。甲公司委托丙汽车运输公司送货,其迟延的后果应由甲公司承担。但甲、乙之间约定的是不履行的违约金,没有约定迟延履行的违约金,因此A项是错误的。甲在对乙厂承担违约责任后,可以依据与丙汽车运输公司的运输合同要求他赔偿所受到的损失。但根据已知的条件,甲丙之间并没有约定违约金,因此B项是错误的。丙与乙没有合同关系,因此C项是错误的。

阅读理解

After Mom died, I began visiting Dad every morning before I went to work. He was frail and moved slowly, but he always had a glass of freshly squeezed orange juice on the kitchen table for me, along with an unsigned note reading, “Drink your juice.” Such a gesture, I knew, was as far as Dad had ever been able to go in expressing his love. In fact, I remember, as a kid I had questioned Mom“ Why doesn't Dad love me!” Mom frowned. “Who said he doesn't love you!” “Well, he never tells me,” I complained. “He never tells me either,” she said, smiling. “But look how hard he works to take care of us, to buy us food and clothes, and to pay for this house. That's how your father tells us he loves us.” Then Mom held me by the shoulders and asked, “Do you understand?’’ I nodded slowly. I understood in my head, but not in my heart. I still wanted my father to put his arms around me and tell me he loved me. Dad owned and operated a small scrap(片)metal business, and after school I often hung around while he worked. I always hoped he'd ask me to help and then praise me for what I did. He never asked. His tasks were too dangerous for a young boy to attempt, and Mom was already worried enough that he'd hurt himself. Dad hand fed scrap steel into a device that chopped it as cleanly as a butcher chops a rack of ribs. The machine looked like a giant pair of scissors, with blades thicker than my father's body. If he didn't feed those terrifying blades just right, he risked serious injury. “Why don't you hire someone to do that for you?” Mom asked Dad one night as she bent over him and rubbed his aching shoulders with a strong smelling liniment. “Why don't you hire a cook? ”Dad asked, giving her one of his rare smiles.

Many years later, during my first daily visit, after drinking the juice my father had squeezed for me, I walked over, hugged him and said, “I love you, Dad.” From then on I did this every morning. My father never told me how he felt about my hugs, and there was never any expression on his face when I gave them.

小题1:What would be the best title for the passage?

A.I just couldn’t understand my father

B.My father never loved me

C.Silent fatherly love

D.My hard-working father小题2:The author’s father always prepared a glass of freshly squeezed orange juice for him because _______

A.that was the author’s favorite

B.he was sure the author would be thirsty

C.the author was always complaining

D.that was a gesture of love小题3:The author’s father didn’t hire a helper because________

A.his job was too dangerous

B.his job required high skills

C.he wanted to save money

D.he was not good at communicating with others小题4:We can infer from the passage that_______

A.the author’s father lacked a sense of humor

B.the author quite understand his father as time went on

C.the author’s father didn’t love him very much

D.the author’s father was too strict with him

综合