问题 多项选择题

M公司与N公司签订了购买梅花牌照相机500台的买卖合同,单价800元/台,2011年10月1日交付,除约定10万元定金,还在合同中约定如果一方违约,则需支付给非违约方总数为合同标的额10%的违约金。合同签订后,M向N支付10万元合同定金。后M与L签订了向其出售相机的合同,价格为900元/台。在合同签订后,因照相机部件价格大幅上涨,N于2011年8月30日通过传真告知M其无法在10月1日交付相机,并最终导致M向L支付了9万元赔偿。试想你作为M公司的法律顾问,请回答下列问题:

以下有关合同定金的说法正确的是( )。

A.M只能选择适用与N约定的定金条款

B.N应当按照合同约定向M支付定金10万元

C.M可以主张适用定金条款,请求返还16万元

D.M可以选择适用定金条款或者违约金条款

答案

参考答案:C,D

解析: 《担保法》第九十一条规定,定金的数额由当事人约定,但不得超过主合同标的额的百分之二十。《合同法》第一百一十六条规定,当事人既约定违约金,又约定定金的,一方违约时,对方可以选择适用违约金或者定金条款。

单项选择题

Industrial pollution is not only a problem for the countries of Europe and North America but also an extremely serious problem in some developing countries. For these countries, economic growth is a very important aim. They want to introduce industries, and so they put few controls on the industries which cause pollution.

Cubatao, an industrial town of 85 000 people in Brazil, is an example of the connection between industrial development and pollution. In 1954, Cubatao had no industry. Today it has more than twenty large factories, which produce many pollutants. The people of the town are suffering from the poisonous matter in their environment and the bad effects can be clearly seen. Birth shortcomings are extremely common. Among children and adults, lung problems are sometimes twelve times more common in Cubatao than in other places.

It is true that Brazil, like many other countries, has laws against pollution, but these laws are not enforced strictly enough. It is cheaper for companies to take no notice of the laws and pay the fines than to buy the expensive equipment that will reduce the pollution. It is clear, therefore, that economic growth is more important to the government than to the health of the workers. However, the responsibility does not completely lie with the Brazilian government. The example of Cubatao shows that international companies are not acting in a responsible way either. A number of the factories in the town are owned by large companies from France, Italy, and the US. They are doing things in Brazil that they would not be able to do at home. If they caused the same amount of pollution at home, they would be severely punished or even put out of business.

How is the health of the population of Cubatao()

A. There are more heart diseases among people who live near chemical factories.

B. More people suffer from lung diseases because of poisonous matter.

C. Their health is affected by pollutants the same way as that of other Brazilians.

D. Babies there are found not as bright as those who live in other places.

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