问题 问答题 案例分析题

某甲和某乙签订买卖两头牛的合同。双方约定,某甲以10000元价款买某乙两头牛。某甲当场向某乙支付了3000元,并说明等到第二天将余款带来付清,并将其中一头牛牵走。不料当天晚上发生盗窃,剩下的一头牛被盗。第二天,某甲到某乙家中要求其交出牛,某乙则说,昨天买卖已经成交了,而且你已经给了3000元,牛已归你了,拒绝承担牛被偷的损失。为此双方发生纠纷,某甲诉至人民法院,要求某乙交付牛。

本案中牛损失的风险应由谁负相?

答案

参考答案:

本案中由于双方买卖的牛因盗窃而灭失,由此造成的损失由何方承担就是风险负担的问题。由于牛尚未由某乙交付给某甲,其所有权亦未发生转移,因此该风险理应由某乙承担。

阅读理解

From the health point of view we are living in an amazing age. We are free from many of the most dangerous diseases. A large number of once deadly illnesses can now be cured by modern medicine. It is almost certain that one day medicines will be found for the most stubborn remaining diseases. The expectation of life has increased greatly. But though the possibility of living a long and happy life is greater than ever before, every day we witness the unbelievable killing of men, women and children on the roads. Man vs the motor-car! It is a never-ending battle which man is losing.

Thousands of people the world over are killed or horribly killed each year and we are quietly sitting back and letting it happen.

It has been rightly said that when a man is sitting behind a steering wheel(方向盘), his car becomes the extension of his personality. There is no doubt that the motor-car often brings out a man’s very worst qualities. People who are normally quiet and pleasant may become unrecognizable when they are behind a steering-wheel. They say, they are ill-mannered and aggressive, willful as two-year-olds and completely selfish. A.. their hidden angers and disappointments seem to be brought to the surface by the act of driving.

The surprising thing is that society smiles so gently on the motorist and seems to forgive his behavior. Everything is done for his convenience. Cities are allowed to become almost uninhabitable because of heavy traffic; towns are made ugly by huge car parks; the countryside is ruined by road networks; and the deaths become nothing more than a number every year, to be easily forgotten.

It is high time a world rule was created to reduce this senseless waste of human life. With regard to driving, the laws of some countries are unbelievable lenient(宽容的) and even the strictest are not strict enough. A rule which was universally accepted could only have an obviously beneficial effect on the accident rate. Here are a few examples of some of the things that might be done. The driving test should be standardized and made far more difficult than it is; all the drivers should be made to take a test every three years or so; the age at which young people are allowed to drive any vehicle should be raised to at least 21; all vehicles should be put through strict tests for safety each year. Even the smallest amount of alcohol in the blood can damage a person’s driving ability. Present drinking and driving laws(where they exist) should be made much stricter. Speed limits should be required on all roads. Governments should lay down safety specifications for car factories, as has been done in the USA. All advertising stress power and performance should be banned. These measures may not sound good enough. But surely nothing should be considered as too severe if it results in reducing the number of deaths. After all, the world is for human beings, not motor-cars.

小题1:.What is the main idea of this passage?

A.Traffic accidents are mainly caused by motorists.

B.Thousands of people the world over are killed each year.

C.The laws of some countries about driving are to lenient.

D.Only stricter traffic laws can prevent accidents.小题2:. What does the author think of society toward motorists?

A.Society laughs at the motorists.

B.Huge car parks are build in the cities and towns.

C.Victims of accidents are nothing.

D.Society forgives their rude driving小题3:.What does the author mean by saying “his car becomes the extension of his personality” in Paragraph 2?

A.Driving can show his hidden qualities

B.Driving can show the other part of his personality

C.Driving can bring out his character

D.Driving can represent his manners小题4:. Which of the following is NOT mentioned as a way against traffic accidents?

A.Perfect the road network

B.Stricter driving tests

C.Test drivers every three years

D.Raise age limit and lay down safety specifications小题5:. The author’s attitude towards the traffic situation is ______.

A.confused

B.discontented

C.appealing

D.doubtful

单项选择题