问题 多项选择题

甲厂于2001年10月向某市乙厂发出一份已盖章的订货合同,欲订购某货物若干吨,价格若干元,于11月上旬交货。乙厂接到合同后,于承诺期限后送达回函,并在合同上盖了章,但在合同上加了一条:“如有争议,在卖方所在地仲裁解决。”甲厂收到回函后,对乙厂改动意见不统一,故没有即时回话。不久,乙厂送来货,甲接受。其后,双方就货物质量问题发生争议,乙厂要求在自己所在地仲裁解决,而甲厂则要诉至合同履行地人民法院。对本案正确的表述是:

A.乙厂的承诺有效

B.乙厂提出的是新要约

C.合同已在履行,合同有效

D.有关合同纠纷应向法院起诉解决

答案

参考答案:B,C,D

解析:[考点] 要约与承诺,合同的成立生效
《合同法》第30条:“承诺的内容应当与要约的内容一致。受要约人对要约
的内容作出实质性变更的,为新要约。有关合同标的、数量、质量、价款或者报酬、履行期限、履行地点和方式、违约责任和解决争议方法等的变更,是对要约内容的实质性变更。”依此,乙方的改动是实质性变更,构成新的要约。
第22条:“承诺应当以通知的方式作出,但根据交易习惯或者要约表明可以通过行为作出承诺的除外。”甲方已经接受乙方交付的货物,并只是对质量发生争议,应当认为合同已经成立生效。既然双方没有达成仲裁协议,那可以到人民法院起诉。依此,BCD项是正确答案。

单项选择题
单项选择题

When Harvey Ball took a black felt-tip pen to a piece of yellow paper in 1963, he never could have realized that he was drafting the face that would launch 50 million buttons and an eventual war over copyright. Mr. Ball, a commercial artist, was simply filling a request from Joy Young of the Worcester Mutual Insurance Company to create an image for their "smile campaign" to coach employees to be more congenial in their customer relations. It seems there was a hunger for a bright grin-the original order of 100 smiley-face buttons were snatched up and an order for 10,000 more was placed at once.
The Worcester Historical Museum takes this founding moment seriously. "Just as you’d want to know the biography of General Washington, we realized we didn’t know the comprehensive history of the Smiley Face," says Bill Wallace, the executive director of the historical museum where the exhibit "Smiley-An American Icon" opens to the public Oct. 6 in Worcester, Mass. Worcester, often referred to by neighboring Bostonians as "that manufacturing town off Route 90," lays claim to several other famous commercial firsts, the monkey wrench and shredded wheat among them. Smiley Face is a particularly warm spot in the city’s history. Through a careful historical analysis, Mr. Wallace says that while the Smiley Face birthplace is undisputed, it took several phases of distribution before the distinctive rounded-tipped smile with one eye slightly larger than the other proliferated in the mainstream.
As the original buttons spread like drifting pollen with no copyright attached, a bank in Seattle next realized its commercial potential. Under the guidance of advertising executive David Stern, the University Federal Savings & Loan launched a very public marketing campaign in 1967 centered on the Smiley Face. It eventually distributed 150,000 buttons along with piggy banks and coin purses. Old photos of the bank show giant Smiley Face wallpaper.
By 1970, Murray and Bernard Spain, brothers who owned a card shop in Philadelphia, were affixing the yellow grin to everything from key chains to cookie jars along with "Have a happy day." "In the 1970s, there was a trend toward happiness," says Wallace. "We had assassinated a president, we were in a war with Vietnam, and people were looking for [tokens of] happiness. [The Spain brothers] ran with it. "
The Smiley Face resurged in the 1990s. This time it was fanned by a legal dispute between Wal-Mart, who uses it to promote its low prices, and Franklin Loufrani, a Frenchman who owns a company called SmiteyWorld. Mr. Loufrani says he created the Smiley Face and has trademarked it around the world. He has been distributing its image in 80 countries since 1971.
Loufrani’s actions irked Ball, who felt that such a universal symbol should remain in the public domain in perpetuity. So in a pleasant proactive move, Ball declared in 1999 that the first Friday in October would be "World Smile Day" to promote general kindness and charity toward children in need. Ball died in 2001.
The Worcester exhibit opens on "World Smile Day", Oct. 6. It features a plethora of Smiley Face merchandise—from the original Ball buttons to plastic purses and a toilet seat— and contemporary interpretations by local artists. The exhibit is scheduled to run through Feb. 11.

Why did Bill Wallace mention the assassination of the then American president and the Vietnam War in the 1970s

A.To have a review of the contemporary American history.

B.To remind people that we should never forget the past.

C.To explain why Americans liked the Smiley Face during that period.

D.To show how the Spain brothers made a fortune through selling the yellow grin.