问题 不定项选择

甲公司和乙公司签订合同,约定:由乙公司按照要求为甲公司制造专用机床一台,甲公司预付款300万元,一方违约的应当向另一方支付违约金。机床交付后,经多次调试,仍不能实现合同目的。据此,下列哪些说法是正确的?

A.甲公司有权要求乙公司继续履行合同并支付违约金

B.因无法实现合同目的,甲公司有权要求解除合同

C.甲公司要求解除合同的,有权要求乙公司返还预付款并赔偿损失

D.合同已经履行完毕,甲公司无权要求解除合同

答案

参考答案:A,B,C

解析:解析: 根据合同法第一百零七条的规定,当事人一方不履行合同义务或者履行合同义务不符合约定的,应当承担继续履行、采取补救措施或者赔偿损失等违约责任。根据该法第九十四条的规定,有下列情形之一的,当事人可以解除合同:(一)因不可抗力致使不能实现合同目的;(二)在履行期限届满之前,当事人一方明确表示或者以自己的行为表明不履行主要债务;(三)当事人一方迟延履行主要债务,经催告后在合理期限内仍未履行;(四)当事人一方迟延履行债务或者有其他违约行为致使不能实现合同目的;(五)法律规定的其他情形。乙公司交付的机床经多次调试,仍不能实现合同目的,属于上述第(四)项所述的情形。根据该法第九十七条的规定,合同解除后,尚未履行的,终止履行;已经履行的,根据履行情况和合同性质,当事人可以要求恢复原状、采取其他补救措施、并有权要求赔偿损失。

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PEOPLE

NOBLE SMUGGLER

This Thursday, Irena Sendler will be honoured for her work as a smuggler(偷运者). During World WarⅡ, the Polish social worker smuggled nearly2,500 Jewish children out of the Warsaw ghetto(聚居区). She gave them new identities, found them safe places with good-hearted Christians, and kept the children’s real names buried in jars in her neighbours’ gardens.(The play, Life in a Jar, based on her story, is being performed.)At 93, Sendler lives in a Warsaw nursing home and is too weak to travel to Washington D.C., to receive the 2003 Jan Karski Award for Valorand Compassion from the American Center of Polish Culture. One of the children she saved will accept the award for her.

You risked your life to save the children.

I was taught by my father that when someone is drowning, you don’t ask if they can swim,you just jump in and help. During the war, everyone was drowning, but mostly the Jewish children.

How did you persuade parents to give up their children?

I had to answer honestly that I didn’t even know if we would get past the guards.

What was the most frightening moment?

When I saw a priest(牧师)in charge of an orphan age for Jewish children in the ghetto walk with them out to be killed. The children were in then best Sunday suits. The priest was killed with them.

How did you get the children to be have as you smuggled them out?

I told the older children to act as if they were sick and sometimes gave the younger ones a sleeping pill. They were told to remember their new names. I also told the children to tell guards they had only been visiting a servant in the ghetto and were going back to their real homes outside.

Did you tell your own two children what you did?

I never told them. Only when my daughter went to Israel did she learn all about me. I thought it was only normal to do so. And it was a very painful subject. It was always on my mind that I couldn’t do more.

——Samantha Levine

1. We can learn from the passage that Irena Sendler____.

A. will go to Washington to accept the award with her daughter

B. was caught a few times while she was rescuing the Jewish children

C. told those parents that their children’s lives would be guaranteed

D. saved thousands of Jewish children at the risk of her ownlife

2. The expression “everyone was drowning” can best be replaced by“______”.

A. everyone was involved in the war

B. all the people were drowned

C. people were facing danger and death

D. Jewish children were being killed

3. Which of the following could NOT be expected when Sendler was smuggling the Jewish children?

A. Some children were told to pretend to be sick in front of the guards.

B. Some children pretended to be returning home after visiting servants in the ghetto.

C. The children were asked to remember and use new names instead of real ones.

D. The children pretended to be brothers and sisters from one big family.

4. Sendler didn’t tell her own children what she did in the war because ______.

A. she thought it was the most frightening experience

B. the topic was too painful and heart-breaking to mention

C. it was already recorded and made known to the public

D. she planned to bury the secret in her heart until her death