问题 不定项选择

甲、乙两人互发E-MAIL协商洽谈合同,4月30日甲称:"我有笔记本电脑一台,配置为......九成新,8000元欲出手,"5月1日乙回电称:"东西不错,7800元可要,"甲于 5月2日回复:"可以,5月7日到我这儿来。"乙于5月4日回电:"同意",甲于当日收到。上述E-MAIL为甲乙二人分别在A地;B地所收发,甲的经常居住地为C地,乙的经常居住地为D地。5月7日乙到甲处取电脑,发现甲的电脑运行速度明显比正常的慢,比约定的标准差得多,自己无法使用,便拒绝接受,甲遂降低价格,以3000元出手,乙同意并取走电脑,此时乙尚未付款。本案中合同成立的地点为:()

A.A地

B.B地

C.C地

D.D地

答案

参考答案:D

解析:《合同法》第34条:承诺生效的地点为合同成立的地点。   采用数据电文形式订立合同的,收件人的主营业地为合同成立的地点;没有主营业地的,其经常居住地为合同成立的地点。当事人另有约定的,按照其约定。题中当事人以数据电文订立合同,而收件人甲没有主营业地,因而应当认为其经常居住地为合同成立的地点。

阅读理解

阅读理解。

        Everyone has got two personalities - the one that is shown to the world and the other that is secret

and real.You don't show your secret personality when you're awake because you can control your

behaviour,but when you're asleep, your sleeping position shows the real you.In a normal night,of

course,people frequently change their position.The important position is the one that you go to sleep

in.

        If you go to sleep on your back,you're a very open person.You normally trust people and you are

easily influenced by fashion or new ideas.You don't like to upset people,so you never express your real

feelings.You're quite shy and you aren't very confident.

        If you sleep on your stomach,you are a rather secretive(不坦率的)person.You worry a lot

and you're always easily upset.You're very stubborn(顽固的),but you aren't very ambitious.You

usually live for today not for tomorrow.This means that you enjoy having a good time.

        If you sleep curled up(卷曲),you are probably a very nervous person.You have a low opinion

of yourself and so you're often defensive.You're shy and you don't normally like meeting people.You

prefer to be on your own.You're easily hurt.

        If you sleep on your side,you have usually got a well-balanced personality.You know your

strengths and weaknesses.You're usually careful. You have a confident personality.You sometimes

feel anxious,but you don't often get depressed.You always say what you think even if it annoys

people.

1.According to the writer,you naturally show your secret and real personality __________.

A.only in a normal night

B.only when you go to sleep

C.only when you refuse to show yourself to the world

D.only when you change sleeping position

2.Which is NOT mentioned in the second paragraph about a person's personality?

A.He or she is always open with others.

B.He or she always likes new ideas earlier than others.

C.He or she is always easily upset.

D.He or she tends to believe in others.

3.Point out which sentence is used to show the personality of a person who is used to sleeping on his or

her stomach?

A.He or she is careful not to offend others.

B.He or she doesn't want to stick to his or her opinion.

C.He or she can't be successful in any business.

D.He or she likes to bring others happiness.

4.Maybe you don't want to make friends with a person who sleeps curled up.Why?

A.He or she would rather be alone than communicate with you.

B.He or she is rarely ready to help you.

C.He or she prefers staying at home to going out.

D.He or she wouldn't like to get help from you.

5.It appears that the writer tends to think highly of the person who sleeps on one side because _____ .

A.he or she always shows sympathy for people

B.he or she is confident,but not stubborn

C.he or she has more strengths than weaknesses

D. he or she often considers annoying people

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