问题 单项选择题

甲和乙签订合同,约定违约金为5万元。后来甲违约,给乙造成近10万元的损失,则()做法正确。

A.甲的实际赔偿数额不会超过5万元

B.乙可以请求甲双倍支付违约金

C.甲必须赔偿乙所有的损失

D.乙只能请求人民法院予以适当增加违约金

答案

参考答案:D

阅读理解

第Ⅱ卷(非选择题,共35分)
第四部分:写作(共两节,满分35分)
第一节 任务型读写(共10小题;每小题1分,满分10分)
阅读下面短文,根据所读内容在表格中的空白处填入恰当的单词。注意:每个空格只填一个单词。
In a memory – based competition between you and a chimp (猩猩); who do you think would win? If you put yourself on top, you might want to guess again.
In a test that challenged participants to remember numbers, a young chimp performed better than Japanese college students.
Here's how the test worked. At Kyoto University in Japan, human students and chimpanzee participants sat in front of a computer. Five numbers, ranging from 1 to 9, were combined with one another and then, they appeared at random places on the screen.
The numbers stayed on the screen for less than a second. In the first test, for example, participants saw the numbers for 650 milliseconds (about two- thirds of a second).
Then, each number disappeared and they saw a white square instead. Participants had to touch the squares in numerical order, based on the numbers that had been there a moment before.
In this test, the students touched the boxes in the correct order about 80 percent of the time. A young chimp named Ayumu performed equally well.
During a harder test, participants were only able to see the numbers for 210 milliseconds.
This time, students only succeeded in putting the boxes in the correct order about 40 percent of the time. But Ayumustill could select the boxes in the right order nearly 80 percent of the time.    
Some people have what's called a "photographic memory", which allows them to remember a surprising number of details after just a quick glimpse of something. Ayumu's memory might work in a similar way, says lead researcher Tetsuro Matsuzawa.
The chimp's young age might have something to do with his impressive performance, too. In previous tests, the Japanese researchers found that young chimps performed better than their mothers.
The scientists are interested to see whether Ayumu loses his strong memory as he arrows older. They already know that young children sometimes have sharp memories when offered something photographical, but they lose this ability over time.
Topic
A (76)        competition between human beings and chimps
Purpose
To judge whose memory is better
The (77)     
of the first test
◆A chimp and some Japanese students participated in the competition and sat before a computer.
◆Different (78)          of five numbers appeared on the screen.
◆Each of the number was (79)         by a white square.
The results of the second test
◆Students (80)         to put the boxes in the right order about 40% of the time.
◆Ayumu got the right order (81)        the time of the students
Conclusion
◆Some people have “photographic memory”, (82)         some people to remember numbers after they (83)          at something.
◆The chimps have the similar (84)        to human beings’.
◆Young children, just like chimps, have strong memory but they’ll lose it when they (85)           .
问答题

某大型商业建筑工程项目,主体建筑物十层。在主体工程进行到第二层时,该层的 100根钢筋混凝土柱已浇筑完成并拆模后,监理人员发现混凝土外观质量不良,表面酥松,怀疑其混凝土强度不够,设计要求混凝土抗压强度达到C18的等拉,于是要求承包商出示有关混凝土质量的检验与试验资料和其他证明材料。承包商向监理单位出示其对9根施工时混凝土柱抽样检验和试验结果,表明混凝土抗压强度值(28天强度)全部达到或超过C18的设计要求,其中最大值达到了C30即30 MP。

【问题】1.你作为监理工程师应如何判断承包商这批混凝土结构施工质量是否达到了要求

2.如果监理方组织复核性检验结果证明该批混凝土全部未达到C18的设计要求,其中最小值仅有8MPa即仅达到C8,应采取什么处理方法

3.如果承包商承认他所提交的混凝土检验和试验结果不是按照混凝土检验和试验规程及规定在现场抽取试样进行试验的,而是在试验室内,按照设计提出的最优配合比进行配制和制取试件后进行试验的结果。对于这起质量事故,监理单位应承担什么责任承包方应承担什么责任

4.如果查明发生的混凝土质量事故主要是由于业主提供的水泥质量问题导致混凝土强度不足,而且在业主采购及向承包商提供这批水泥时,均未向监理方咨询和提供有关信息,协助监理方掌握材料质量和信息。虽然监理方与承包商都按规定对业主提供的材料进行了进货抽样检验,并根据检验结果确认其合格而接受。试问在这种情况下,业主及监理单位应当承担什么责任