问题 单项选择题

承运人甲公司以其船舶“铁达尼”号运载托运人乙公司的一批橄榄到汉堡。该轮在与托运人签订的货运单中保证:该轮在西班牙港口瓦伦西亚装上该批橄榄后,将直接驶往汉堡并卸货。但后来,“铁达尼”号为多揽货,并未直驶汉堡,而是先驶向比利时的安特卫普。结果当托运人的橄榄到达伦敦时,橄榄的进口关税提高了,且由于其他橄榄的大量到货,使橄榄的价格下降。托运人认为如果货物是依口头约定直驶汉堡,关税的提高和橄榄价格的下跌都应在该轮到达之后发生。托运人向法院起诉,要求承运人赔偿其遭受的损失。承运人则辩称:提单中载明有规定承运人可以任意地经过任何航线将货物直接或者间接地运往目的地的条款,因此不应因为绕道安特卫普引起的损失承担赔偿责任。下列关于本案的说法中正确的是哪项( )

A.承运人与托运人之间的权利义务应依据提单的规定,因此承运人不应赔偿托运人的损失

B.提单只是运输合同的证明,承运人未按运输合同履行义务,应赔偿托运人的损失

C.托运人与承运人之间的事先约定不能改变提单的内容

D.关税的提高属于不可抗力,承运人对因此而发生的损失不应承担赔偿责任

答案

参考答案:B

解析: 提单由承运人单方面制定,它只是海上货物运输合同的证明,并不是合同本身,当提单与当事人的合同约定冲突时,以当事人双方的约定为准。

完形填空

阅读下面的短文,并根据短文后面的要求答题 (请注意问题后的字数要求)

[1] As well as increasing memory, being sad makes people less likely to be tricked and improves their ability to judge others,according to an Australian study.

[2] The study, authored by professor Joseph Foegas at the University of New South Wales,shows that people in a negative mood paid more attention to their surroundings than          ,

who were more likely to believe anything they were told.“While positive moods seem to promote creativity, flexibility, and cooperation,negative moods cause more attentive,careful thinking,paying greater attention to the outside world.”writes Forgas in Australasian Science.

[3] “Our research suggests that sadness promotes information processing strategies best fit for dealing with more demanding situations.”

[4] For the study, Forgas and his team conducted several experiments that started with making their subjects (实验对象) experience happy or sad moods by making them watch films and by recalling positive or negative events.

[5] In one of the experiments, happy and sad participants were asked to judge the truth of some urban myths (神话) and found that people in a negative mood were less likely to believe these statements. People in a bad mood were also less likely to make mistakes when asked to recall an event that they witnessed.

[6] The study also found that sad people were better at stating their case through written arguments.Thus, it showed that a reasonably negative mood may actually promote a more concrete, harmonious and successful communication style

[7] “Positive moods are not universally desirable.People in a negative mood are less likely to make judgmental errors and more resistant (抵制的) to eyewitness misunderstandings.”said Forgas.

76.What would be the best title for this passage? (within 8 words)

                                                                            

77.Fill in the blank in Paragraph 2 with proper words.(within 5 words)

                                                                            

78.In the experiments mentioned, what caused the participants’feeling to change?(within 8 words)

                                                                            

79.Which sentence in this passage is the closest in meaning to the following one?

According to the study, people in a negative mood could also express themselves better in

writing.

                                                                          

                                                                          

80.Translate the underlined sentence in Paragraph 5 into Chinese.

                                                                           

                                                                           

单项选择题