问题 单项选择题

甲公司与乙公司于2010年6月订立了一份合同,约定甲公司供给乙公司绿豆100吨,总价10万元,但合同未约定绿豆的质量标准和等级,也未封存样品。甲公司如期发货,乙公司收货后,因有20吨绿豆未能销出,便以产品质量不合格为由,拒绝支付货款。甲公司遂向人民法院起诉。关于本案合同效力的说法,正确的是( )。

A.合同不具备质量条款,合同不成立

B.合同不具备质量条款,合同效力待定

C.合同有效,但甲应承担违约责任

D.合同有效,甲不应承担违约责任

答案

参考答案:D

解析:【真题解析】考查的知识点是合同的履行。买卖合同的成立应当满足合同中对买卖的标的及价款进行了约定。至于本题中买卖标的质量标准的确定,根据《合同法》第61条规定协议补充;不能达成补充协议的,按照合同有关条款或者交易习惯确定,仍不能确定的,按照国家标准、行业标准履行;没有国家标准、行业标准的,按照通常标准或者符合合同目的的特定标准履行。转自中国企业法律顾问教育网在本题合同履行过程中,乙公司接受了甲公司的发货,并将100吨中的80吨进行销售,视为其以实际行动认可了甲公司的履行为适当履行,包括履行标的的质量标准。之后,乙公司以产品质量不合格为由拒绝支付货款,属于违约。因此,正确答案为D。

阅读理解
阅读理解。
         Can a star basketball player also be a star hip-hop singer? If you ask Shaquille O'Neal and some of his
NBA fellows, they'll say "Sure".
         In the NBA, hip-hop music is as common as the jump shot. Hip-hop is similar (相似的) to rap (说唱)
music and is especially popular with young African Americans. This music is played before basketball games
or during halftime. Many of the players, like Shaquille O'Neal of the Los Angeles Lakers, write rap rhymes
when they travel on airplanes from one city to another. 
         The NBA has a closer connection to hip-hop than any other sports league. This is partly because of the
large number of African-American players, but also because the basketball league just loves hip-hop. Every
February, the NBA invites popular rap singers to perform (表演) at its All-Star weekend.
         When they play basketball, some of the younger stars even try to look like hip-hop singers. Like rap
stars, they don't smile in photographs and videos. They try to trouble the players on the other team by looking
tough(凶). "Hip-hop is just part of many players'culture (文化) ," says Kerry Kittles, a player on the New
Jersey Neis
team. "All of us grew up listening to rap and playing basketball, and the rappers grew up doing the same thing.
A lot of players want to be rappers, and a lot of rappers would like to be players."
         Master P. is a famous rap star who wants to be a basketball player. The Charlotte Homets and the
Toronto Raptors have invited him to their training camps. They enjoy listening to his music, but many people
think that he is not good enough at basketball to be on an NBA team.
         Shaquille O'Neal, whose nickname is Shaq, is the greatest example of an NBA player who became a
rapper. He has made four successful rap albums. One of his rap songs, "It Was All a Dream," tells how he
felt when he became successful.
1. Why don't some younger players try to smile or look friendly in photos?
[ ]
A. They try to trouble the players on the other team.
B. They try to look like hip-hop singers.
C. They try to be successful in their playing.
D. They try to pretend (假装) to be famous.
2. The song "It Was All a Dream" expresses ___________.
[ ]
A. O'Neal's feelings when he became a success
B. a player's interest in rap music
C. people's wish to become a player
D. people's dream to be a rapper
3. The best title of the text is "___________".
[ ]
A. The NBA All-Star Weekend in America
B. A Successful Player ——O'Neal
C. Basketball Stars Become Hip-Hop Singers
D. Popular Music and Sports in U. S
4. What do you know about the Charlotte Hornets and the Toronto Raptors?
[ ]
A. They are famous basketball players.
B. They are famous basketball teams.
C. They are well-known hip-hop singers.
D. They are two training places
单项选择题