问题 多项选择题

请比较以下两个案例:(1)买方从国外进口一批供圣诞节出售的火鸡,卖方交货的时间比合同规定的期间晚了一个星期,由于圣诞节已过,火鸡难以销售,使买方遭受了重大损失。(2)买方从国外进口一批肉鸡,合同规定卖方应于7月至8月装运,但实际上卖方的装运日期,比合同规定的时间迟了一个星期,但这段时间里肉鸡的市场价格并没有发生什么变化,供销情况亦正常。下列表述正确的是:( )

A.在案例(1)中,买方有权撤销合同

B.在案例(2)中,买方无权撤销合同

C.在案例(1)、(2)中,买方均有权撤销合同

D.在案例(1)、(2)中,买方均无权撤销合同

答案

参考答案:A,B

解析:[考点] 根本违反合同
根本违反合同是一方当事人违反合同的结果,使另一方当事人遭受损害,以至于实际上剥夺了他根据合同有权期望得到的东西。案例(1)中,卖方的行为即属根本违反合同,因而买方有权撤销合同,拒收迟交的货物;而案例(2)中,卖方延迟交货不属根本违反合同,买方不能撤销合同。参见《联合国国际货物销售合同公约》第25条。

阅读理解

阅读理解

     When I started my career in management, I was really green, but I always tried to stay positive on

the job.I was working for a new company that was having a difficult time with its customers.Actually,

at one point my General Manager told me he liked me and suggested I should start looking for a new

job as we were about to lose our only order.Every day we faced people leaving the company, customers

complaining, and upper management preparing to close the place.

     One night, I went home thinking about the problems.My wife told me to forget about work and see

a movie.We went and saw Slumdog Millionaire.Jamal, an eighteen-year-old  Indian young man, is

from a poor family and becomes rich later.He tries his best to change his position.I realized what we

needed to do was to correct the situation.

     The next day I called my customers to have a talk.I promised to do my best to solve the problems

if they would give us some time.As a result, we were given one month to turn the situation around.This

was our only chance to correct the situation.To achieve this, I worked day and night with my team.I

can remember working from 6 a. m.and not going home until 2 a. m.the next day.

     To make a long story short, we succeeded in solving all of the problems and at the same time

increased our productivity (生产率). The customers and management were very happy, and I knew

at that moment we had saved our jobs.Actually things went so well that we ended up having our pay

doubled.

    Through this experience I understand that you can achieve what you desire as long as you work at

it and stay positive.

1. The General Manager advised the author to look for a new job mainly because________.

A. he knew the author didn't want to stay there

B. his company was too small to hire so many people

C. he believed the author could get more pay that way

D. the management was preparing to close the department

2. Who caused the author to decide to change his situation?

A. The hero in a movie.  

B. His wife.

C. His boss.  

D. The customers.

3. How long did the author stay in his department every day during that month?

A. 8 hours.  

B. 15 hours.

C. 20 hours.  

D. 24 hours.

4. The experience of the author shows that________.

A. if a person does his best and keeps positive, he'll succeed

B. if a person takes advice from others, he'll make progress

C. if a person is clever, he'll realize his dream sooner or later

D. if a person wants to change his fate, he mustn't change his job        

5. What would be the best title for this passage?

A. My work experience

B. My first management job

C. How to correct your situation

D. The importance of working hard

判断题