问题 单项选择题

A公司从国外进口一批钢坯,以集装箱运输,装箱单及提单上均载明为21箱。货交甲船运输后,由于市场行情的变化,A公司将货物转售给B公司,双方签订买卖合同时,A公司向D公司背书交付了提单等各项单据。待船到目的港,B公司持单提货时,发现货物只有10箱。B公司要求甲船偿付漏装一箱的货款,船方经仔细审查,发现在大副记载的有关日志中,写明实际收货20箱。对此,船公司提出抗辩,拒绝承担赔偿责任。那么,短缺的一箱货物损失由谁承担

A.B公司

B.A公司

C.甲船公司

D.A、B公司共同承担

答案

参考答案:C

解析:[考点] 提单的效力
提单是承运人接管货物或货物装船的依据。为了保证提单的流通性,当提单被转让给善意第三方时,提单是承运人和提单持有人之间的绝对证据,承运人须严格按照提单上所记载的内容履行义务,即使承运人对提单所记载的货物有疑问,并能提出有效的证据,也不能推翻提单的记载。参见《维斯比规则》第1条。因此甲船公司应当对提单持有人承担责任。

选择题
阅读理解

阅读理解。

     The practice of students endlessly copying letters and sentences from a blackboard is a thing of the

past. With the coming of new technologies like computers and smartphone, writing by hand has become

something of nostalgic (怀旧的)skill. However, while today's educators are using more and more

technology in their teaching, many believe basic handwriting skills are still necessary for students to be

successful-both in school and in life.

     Virginia Berninger, professor of educational psychology at the University of Washington, says it's

important to continue teaching handwriting and help children acquire the skill of writing by hand.

Berninger and her colleagues conducted a study that looked at the ability of students to complete various

writing tasks-both on a computer and by hand. The study, published in 2009, found that when writing

with a pen and paper, participants wrote longer essays and more complete sentences and had a faster

word production rate.

     In a more recent study, Berninger looked at what role spelling plays in a student's writing skills and

found that how well children spell is tied to know well they can write. "Spelling makes some of the

thinking parts of the brain active which helps us access our vocabulary, word meaning and concepts. It is

allowing our written language to connect with ideas." Berninger said.

     Spelling helps students translate ideas into words in their mind first and then to transcribe(转换) "those words in the mind written symbols on paper or keyboard and screen," the study said. Seeing the words

in the "mind's eye" helps children not only to turn their ideas into words, says Berninger, but also to

spot(发现) spelling mistakes when they write the words down and to correct then over time.

"In our computer age, some people believe that we don't have to teach spelling because we have spell

checks," she said. "But until a child has a functional spelling ability of about a fifth grade level, they won't

have the knowledge to choose the correct spelling among the options given by the computer."

1. What makes writing by hand a thing of the past?

A. The absence of blackboard in classroom.

B. The use of new technologies in teaching.

C. The lack of practice in handwriting.

D. The popular use of smartphones.

2. Berninger's study published in 2009 ___________.

A. focused on the difference between writing by hand and on a computer.

B. indicated that students prefer to write with a pen and paper.

C. found that good essays are made up of long sentences.

D. discussed the importance of writing speed.

3. Which of the following best shows the role of spelling?

A. Spelling improves one's memory of words.

B. Spelling ability is closely related to writing ability.

C. Spelling benefits the translation from words into ideas.

D. Spelling slows down finding exact words to express ideas.

4. What does "mind's eye" in paragraph 5 mean?

A. Window.

B. Soul

C. Picture.

D. Imagination.

5. What conclusion could be drawn from the passage?

A. Computers can help people with their choice of words.

B. Spell checks can take the place of spelling teaching.

C. Handwriting still has a place in today's classrooms.

D. Functional spelling ability develops fast in the fifth grade.