问题 单项选择题

甲公司与乙公司签订了购销合同,约定由甲公司向乙公司送货,乙公司当即支付了一半货款,约定其余货款待交货后一次付清。后甲公司将货物送到乙公司所在城市,发现乙公司已经搬迁,且无法找到其新的住所。甲公司将该批货物向当地公证机关提存,并公告要求乙公司提货付款。公证机关又将该批货物委托丙仓库保管。乙公司看到公告后,向公证机关要求提取货物,遭公证机关拒绝。公证机关要求乙公司先付清全部货款后,方可提货。乙公司认为甲公司延迟交货,应当承担违约责任,不同意支付全部货款。各方就此事协商期间,丙仓库失火,该批货物全部被焚毁。经调查,失火原因是仓库附近村民某丁燃放烟花爆竹引起火灾。根据《中华人民共和国合同法》之规定,关于此案的处理意见正确的是________。

A.公证机关应当对乙公司承担责任后,向丙仓库追偿

B.丙仓库承担责任后,可向村民丁索赔

C.货物被焚毁的损失由乙公司自行承担

D.甲公司应当承担对乙公司迟延交货的责任

答案

参考答案:C

解析:标的物提存后,毁损、灭失的风险由债权人承担。

问答题 案例分析题
阅读理解

Many trees in the Brackham area were brought down in the terrible storms that March. The town itself lost two great lime trees from the former market square. The disappearance of such striking features had changed the appearance of the town center entirely, to the annoyance of its more conservative inhabitants(居民).

Among the annoyed, under more normal circumstances, would have been Chief Inspector Douglas Pelham, head of the local police force. But at the height of that week's storm, when the wind brought down even the mature walnut tree in his garden, Pelham had in fact been in no fit state to notice. A large and healthy man, he had for the first time in his life been seriously ill with an attack of bronchitis.

When he first complained of an aching head and tightness in his chest, his wife, Molly, had tried to persuade him to go to the doctor. Convinced that the police force could not do without him, he had, as usual, ignored her and attempted to carry on working. Predictably, though he wouldn't have listened to anyone who tried to tell him so, this had the effect of fogging his memory and shortening his temper.

It was only when his colleague, Sergeant Lloyd, took the initiative (主动) and drove him to the doctor's door that he finally gave in. By that time, he didn't have the strength left to argue with her. In no time at all, she was taking him along to the chemist's to get his medicine and then home to his unsurprised wife who sent him straight to bed.

When Molly told him, on the Thursday morning, that the walnut tree had been brought down during the night, Pelham hadn’t been able to take it in. On Thursday evening, he had asked weakly about damage to the house, groaned (含糊不清地说) thankfully when he heard there was none, and pulled the sheets over his head.

It wasn't until Saturday, when the medicine took effect, his temperature dropped and he got up, that he realized with a shock that the loss of the walnut tree had made a permanent difference to the appearance of the living-room. The Pelhams’ large house stood in a sizable garden. It had not come cheap, but even so Pelham had no regrets about buying it. The leafy garden had created an impression of privacy. Now, though, the storm had changed his outlook.

Previously, the view from the living-room had featured the handsome walnut tree. This had not darkened the room because there was also a window on the opposite wall, but it had provided interesting patterns of light and shade that hid the true state of the worn furniture that the family had brought with them from their previous house.

With the tree gone, the room seemed cruelly bright, its worn furnishings exposed in all their shabbiness. And the view from the window didn’t bear looking at. The tall house next door, previously hidden by the tree, was now there, dominating the outlook with its unattractive purple bricks and external pipes. It seemed to have a great many upstairs windows, all of them watching the Pelhams' every movement.

“Doesn’t it look terrible?” Pelham whispered to his wife. But Molly, standing in the doorway, sounded more pleased than dismayed. “That's what I’ve been telling you ever since we came here. We have to buy a new sofa, whatever it costs.”

小题1:Why were some people in Brackham annoyed after the storm?

A.No market could be held.

B.The police had done little to help.

C.The town looked different.

D.Fallen trees had not been removed.小题2:In the third paragraph, what do we learn about Chief Inspector Pelham’s general attitude to his work?

A.He finds it extremely annoying.

B.Не is sure that he plays an important role.

C.Не considers the systems are not clear enough.

D.He does not trust the decisions made by his superiors.小题3: What aspect of the Pelhams’ furniture does “shabbiness” in paragraph 8 describe?

A.its condition.

B.its colour.

C.its position.

D.its design.小题4:As a result of the storm, the Pelhams’ living-room _____.

A.was pleasantly lighter

B.felt less private

C.had a better view

D.was in need of repair小题5:Why did Molly sound pleased by her husband’s comment?

A.It proved that he was well again.

B.She agreed about the tree.

C.She thought he meant the sofa.

D.It was what she expected him to say.