问题 多项选择题

甲公司向乙公司发出一封函件,称:我公司现有大量优质木材,价格便宜,欲购请从速。乙公司因急需钢材,回复称:请于3天内发B型号钢材50吨,以市价结算。3天后甲公司未能发货,乙公司起诉至法院,下列说法正确的是:

A.甲公司向乙公司发出的函件为要约邀请

B.甲公司向乙公司发出一封函件为要约

C.甲、乙公司之间的合同没有成立

D.甲、乙公司之间的合同成立

答案

参考答案:A,C

解析:[考点] 要约和要约邀请 见《合同法》第14、15条,要约是希望和他人订立合同的意思表示,该意思表示应当符合下列规定:(1)内容具体确定;(2)表明经受要约人承诺,要约人即受该意思表示约束。要约邀请是希望他人向自己发出要约的意思表示。甲公司向乙公司发出的函件为要约邀请,而不是要约,故A项正确,B项错误。因没有要约和承诺的完成,故甲、乙公司之间的合同没有成立,C项正确,D项错误。

阅读理解

阅读理解。

     Ed Viesturs grew up in Rockford, Illinois, where the tallest thing on the horizon was the water tower.

But on Thursday, Viesturs became the only American to climb to the top of the world's 14 highest mountains.

     His last hike was up Mount Annapurna, in Asia's snowcapped Himalayas. At 26,545 feet, its peak is the

10th highest in the world. It is the mountain that inspired him to start climbing.

     "It tends to be the trickiest, the most dangerous," said Viesturs. "There's no simple way to climb it. There

are threatening avalanches (雪崩) and ice falls that protect the mountain."

     In high school, Viesturs read French climber Maurice Herzog's tale of climbing the icy Annapurna. Herzog's

story was of frostbite (冻伤) and difficulty and near-death experiences. Viesturs was hooked right away.

     Viesturs got his start on Washington's Mount Rainier in 1977, guiding hikes in the summer. Fifteen years

ago, he set out to walk up to the world's highest peaks. Finally, he's done.

     The pioneering climber talks about mountains as if they were living creatures that should be treated with

respect. "You have to use all of your senses, all of your abilities to see if the mountain will let you climb it,"

said Viesturs. "If we have the patience and the respect, and if we're here at the right time, under the right

circumstances, they allow us to go up, and allow us to come down."

     What's next for a man who can't stop climbing? "I'm going to hug my wife and kids and kind of kick back

and enjoy the summer," says Viesturs. But for a man who's climbed the world's 14 tallest mountains, he will

probably soon set off on yet another adventure.

1. What record has Ed Viesturs set? [ ]

A. He has succeeded in climbing to the world's 14th highest mountain.

B. He has been to the top of the world's 14 highest mountains.

C. He has become the first to climb to the height of 26,545feet.

D. He has become the first man to climb to the top of 14 highest mountains in the world.

2. The underlined word "hooked" in Paragraph 4 can be replaced by "_____". [ ]

A. frightened

B. discouraged

C. interested

D. upset

3. The author used Viestures' words in Paragraph 6 to support a view that _____. [ ]

A. mountain climbing is a dangerous sport

B. mountains should be regarded as living creatures

C. mountain climbing needs more skills than physical energy

D. those who like mountain climbing won't stop climbing

4. What's the next probably plan of Viestures? [ ]

A. Stopping climbing and staying with his family.

B. Climbing to the top of the world's 14 tallest mountains again.

C. Climbing another one of the highest mountains.

D. Writing down the experiences about his adventure.

单项选择题