问题 问答题

甲公司委托乙公司购买1台机器,双方约定:乙公司以自己的名义购买机器;机器购买价格为20万元;乙公司的报酬为8000元。双方未约定其他事项。乙公司接受委托后,积极与丙公司交涉协商,最终乙公司以自己的名义从丙公司处购得该种机器1台,价款为19.5万元,乙公司为此支出了4000元费用。乙公司依约将机器交付给甲公司,但向甲公司提出,双方约定的购买机器价格与实际购买机器价格之间的差额5000元归乙公司所有,或者由甲公司承担处理委托事务而支出的4000元费用。甲公司表示拒绝,乙公司因此提起诉讼。在诉讼过程中,甲公司提起反诉,主张机器存在瑕疵,要求乙公司承担损害赔偿责任。经查,该机器确实存在质量瑕疵。

根据《合同法》的规定,回答下列问题:

乙公司主张取得购买机器差价款5000元是否符合法律规定简要说明理由。

答案

参考答案:

乙公司主张取得差价款5000元,不符合规定。

根据规定,行纪人高于委托人指定的价格卖出或者低于委托人指定的价格买入的,可以按照约定增加报酬。没有约定或者约定不明确,依照相关规定仍不能确定的,该利益属于委托人。题目中,行纪人(乙公司)低于指定价格买入,当事人对于差价款没有约定,依照相关规定仍不能确定的,该利益属于委托人(甲公司)。因此乙公司的主张不符合规定。

选择题
阅读理解

阅读理解。

     I don't think there is anything wrong with your blood. The key to your problem is that long nap (打盹,

小睡) after dinner.

     If you didn't sleep for hours during the early part of the evening, you would be more ready to sleep at

bedtime. If you didn't nap after dinner, you would not want to stay up so late, and you would not feel the

need to take a sleeping pill. The pill is still working in your system when you get up in the morning. This

helps account for the fact that you feel tired all day.

     You should get out of the habit of sleeping during the evening. Right after your evening meal, engage in

some sort of physical activity-a sport such as bowling, perhaps. Or get together with friends for an evening

of cards and conversation. Then go to bed at your usual time or a little earlier, and you should be able to get

a good night's rest without taking a pill.

     If you can get into the habit of spending your evenings this way, I am sure you will feel less tired during

the day. At first it may be hard for you to go to sleep without taking a pill. If so, get up and watch television

or do some jobs around your house until you feel sleepy. If you fall asleep and then wake up a few hours later,

get up but do not take a sleeping pill. Read a while or listen to the radio, and make yourself a few hours' sleep

that night, you will feel better in the morning than you usually feel after taking a pill. The next night you will

be ready to sleep at an earlier hour. The most important thing is to avoid taking that nap right after dinner and

avoid taking pills.

1. According to the writer, it is difficult for you to go to sleep because _____.[ ]

A. you get the habit of staying up late

B. you haven't taken sleeping pills

C. you sleep for hours after dinner

D. you fail to do some exercises

2. Which of the following is NOT true if you want to get out of the habit of sleeping during the evening? [ ]

A. Go to bed earlier than usual.

B. Talk with friends after dinner.

C. Stay with friends after dinner.  

D. Do some physical labor.

3. You feel tired all day probably because _____. [ ]

A. you stay up too late

B. you get up too early in the morning

C. you take sleeping pills

D. you wake up too frequently at night

4. We may infer that the author is most probably a _____.[ ]

A. doctor   

B. reporter   

C. scientist

D. professor