2008年2月，某养鱼队与某水产公司签订了一份购销鲢鱼合同。合同规定的履行期限是2008年7月中旬，由水产公司自提。2008年7月中旬，养鱼队按期通知水产公司提货，但水产公司因仓库不足，未按期履行合同。2008年8月初，因山洪暴发，养鱼队的鱼塘堤坝被毁，鲢鱼全部损失。养鱼队要求水产公司支付鲢鱼价款，但水产公司辩称，鲢鱼是在养鱼队遭受损失的，拒绝支付款，并要求养鱼队履行合同，赔偿其鲢鱼的损失。养鱼队遂向法院起诉要求水产公司支付价款。 请问：本案应如何处理
参考答案：
解析：在本案中，水产公司存在迟延履行合同。由于养鱼队所在地发生山洪暴发，造成鲢鱼损失。但是鲢鱼的损失是由于不可抗力，依据《合同法》第116条规定，当事人迟延履行后发生不可抗力的，不能免除责任。所以水产公司应当向养鱼队支付鲢鱼价款，对不可抗力造成的损失由水产公司自己承担。
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| Did you watch NBA 55th All-star Game (全明星赛)? lf you watch it,you wouldn't l shaquille O'Neal's (沙奎尔·奥尼尔) wonderful play. Shaquille O'Neal is in Miami Heat (迈阿密热队) now.He was born on March 6th,1972. He is 2.16 meters taIl.When he was young, he was very 2 . His strong hands gave him a good start life. Shaquille liked playing _3 . But when he was a high school student in Grade Two,he wasn't good at basketball yet.Just at that time he 4 his good coach (教练), Dale Brown. Then he began his hardpractice. In 1992, he joined NBA, 5 for Magicteam,then Lakes,and later Miami Heat in 2004. He had a great 6 . He has joined All-star Game ten timcs,won NBA Finals MVP (最有价值的球 员)three times, 7 got the gold medals (奖牌)for the USAin the Olympic Games. He was named one of the fifty 8 playersin NBA history. Shaquille O'Neal is strong and tall. People callhim"Large Shark"(大鲨鱼). But he is good at 9 , too. He has already had six CDs. It's really one of the happiest things in the world to listen his CDs while 10 him play basketball. | ||||
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