问题 多项选择题

中国A公司与法国B公司签订了向中国进口白糖的合同,价格条件为CFR。由中方向中国人民保险公司某分公司投保了水渍险。该批货物由巴拿马籍某轮承运。在法国某港装货的过程中,船长先后向托运人发出书面声明,指出货物堆放于码头无任何遮盖物并发生了雨水的污染,宣布货物为不清洁。而托运人为了结汇则出具了保函,以要求承运人签发清洁提单。船长在接受了保函的情况下签发了清洁提单。货轮抵达中国目的港时发现部分白糖有雨水污染。并确认货物短少320包。对于本案,下列选项哪些是正确的 ( )

A.对于雨水污染的损失,收货人应向承运人索赔,因为其签发了清洁提单

B.对于货物的短少,收货人应向承运人索赔

C.承运人可以依保函要求收货人向托运人索赔

D.对于雨水污染的损失,收货人应向保险人索赔,因为该批货物已投保了水渍险

答案

参考答案:A,B

解析: 清洁提单
本题涉及以保函换取清洁提单的问题。选项A正确,承运人签发了清洁提单即表明其收刮货物时货物没有问题,承运人应对途中受到的损失负责。如果承运人在装货时已发现货物有问题,承运人就不应签发清洁提单,这样收货人的货款也不会付出。在承运人依保函签发清洁提单的情况下,提单在跟单信用证机制中的制衡作用被破坏。因此,承运人必须对依保函签发清洁提单的后果承担责任。B选项正确,因为承运人签发了清洁提单,并没有注明在收货时货物有短少。C选项不正确,因为本题保函无效,且即使是有效保函,也不能对抗第三人。D选项不正确,本题投侏的是水渍险,水渍险不包括雨水造成的损失。故本题应选AB。

完形填空
He must have been completely lost in something he was reading because I had to tap on the windscreen to get his attention.
“Is your taxi____?” I asked when he finally looked____at me. He nodded, then said____as I settled into the back seat, “I'm sorry, but I was reading a____.” He sounded as if he had a____.
“I am not in a hurry, ” I told him. “Go ahead and finish your letter. ” He____his head. “I've read it several times already. I guess I____ know it by heart. ”
“Letters from home always mean a lot, ” I said. “From a child?”
“This isn't____,” he replied. “Although it ____ just as well have been family. Old Ed was my oldest friend. In fact, we used to call each other ‘Old Friend’ when we'd meet. I'm not much good at ____.”
“I don't think any of us keep____our letters too well,” I said. “I know I don't. But I____ he's someone you've known quite a while?”
“All my life. We were kids together, went to school together and all the ____ through high school. ”
“There are not too many people who've had such a long friendship,” I said.
“____,” the driver went on, “I hadn't seen him more than once or twice a year over the past 25 or 30 years because I____away from the old neighbourhood and you slightly lose touch ____ you never forget. He was a great guy.”
“You said ‘was’. Does that mean...?”
He nodded. “____a couple of weeks ago.”
“I'm sorry, ” I said. “It's no fun to lose any friend and losing a real old one is____ tougher. ”
He didn't ____ to that, and we rode on in silence for a few minutes. But I realized that Old Ed was still on his mind when he spoke again, almost more to himself than to me: “I should have kept in touch. ”
“Well, ” I agreed, “we should all keep in touch with old friends more than we do. But things____ and we just don't seem to find the time. ”
...
When I got to my hotel room I didn't unpack right away. First I had to write a letter and mail it.
小题1:
A.availableB.acceptableC.beneficialD.occupied
小题2:
A.downB.upC.ToD.off
小题3:
A.unexpectedlyB.curiouslyC.apologeticallyD.definitely
小题4:
A.bookletB.novelC.book D.letter
小题5:
A.coldB.fever C.secretD.story
小题6:
A.hungB.noddedC.shookD.kept
小题7:
A.anyhowB.hardly C.almostD.really
小题8:
A.friendshipB.family C.leadershipD.colleague
小题9:
A.couldB.mightC.maybeD.would
小题10:
A.writingB.readingC.talkingD.Learning
小题11:
A.upB.withC.onD.in
小题12:
A.speakB.makeC.thinkD.assure
小题13:
A.curriculumB.coincidenceC.lifeD.way
小题14:
A.EventuallyB.ActuallyC.AdditionallyD.Besides
小题15:
A.removedB.leftC.headedD.moved
小题16:
A.even thoughB.as thoughC.when D.whereas
小题17:
A.DiedB.Suffered C.ChokedD.Survived
小题18:
A.everB.evenC.fairlyD.quite
小题19:
A.answerB.replyC.questionD.talk
小题20:
A.take upB.pick upC.come upD.break up
单项选择题