问题 单项选择题

法国某公司(卖方)与中国某公司(买方)订立了电脑买卖合同,合同中约定CIF上海,信用证支付。卖方按合同约定将电脑装船,并获得信用证要求的提单、保险单、发票等单据,并向法国的议付行办理了议付,结果航行中船舶遇特大暴雨触礁沉没,货物全部灭失,此时开证行收到了议付行寄来的全套单据,也得知货物灭失的消息,根据上述案情以及UCP600的规定,下列说法正确的是:( )

A.开证行可以拒绝偿付议付行已经议付的货款,理由是其客户中国某公司不能得到所期待的货物
B.买方中国某公司的损失可以基于买卖合同要求卖方补偿
C.买方中国某公司的损失可以通过卖方提交的保险单向保险公司索赔
D.由于货物全部灭失,买方免除其所承担的付款义务

答案

参考答案:C

解析: 开证行不能拒绝偿付议付行已经议付的货款,因为根据《跟单信用证统一惯例》(UCP600号)的规定,信用证独立于货物买卖合同,信用证款项的支付以单证相符为前提,与货物无关。所以A错误。在CIF贸易术语下,风险在装货港已经由卖方转移给买方,因而买方并不能免除其所承担的付款义务,也无法通过买卖合同要求卖方补偿,可行的方法是通过卖方提交的保险单向保险公司索赔,所以B、 D错误,C正确。

阅读理解

阅读短文,根据短文内容回答问题。(共10分,每小题2分)

There was a story many years ago of a school teacher—Mrs. Thompson.She told the children on the first day that she loved them all the same.But that was a lie.There in the front row was a little boy named Teddy Stoddard.He didn’t play well with the other children and he always needed a bath.She did not like him.

Then Mrs. Thompson got to know that Teddy was actually a very good boy before the death of his mother.Mrs. Thompson was ashamed of herself.She felt even worse when, like all her other students, Teddy brought her a Christmas present, too.It was his mother’s perfume(香水)

Teddy said ,“Mrs. Thompson, today you smell just like my Mom used to.”After the children left , she cried for at least an hour.On that very day, she stopped teaching reading, writing and math.Instead, she began to teach children.

Mrs. Thompson paid particular attention to Teddy.The boy’s mind seemed to come alive.The more she encouraged him, the faster he improved.By the end of the sixth grade, Teddy had become one of the smartest children in the class.

Six years went by before she got a note from Teddy.He wrote that he had finished high school and she was still the best teacher he ever had in his whole life.He went to college.Mrs. Thompson got two more letters from him with the last one signed: Theodore Stoddard ,M.D.(医学博士).

The story doesn’t end there.On his wedding day, Dr.Stoddard whispered in Mrs. Thompson’s ear ,“Thank you, Mrs.Thompson, for believing in me.You made me feel important and showed me that I could make a difference.”

Mrs.Thompson, with tears in her eyes, whispered back ,“ Teddy, you have it all wrong.You were the one who taught me that I could make a difference.I didn’t know how to teach until I met you.”

小题1:Did Mrs. Thompson like Teddy at first?

小题2:When did Teddy give his teacher a present?

小题3:What did Mrs. Thompson do after the children left the classroom?

小题4:Why did Teddy thank Mrs. Thompson at his wedding?

小题5:What does the passage want to say?

选择题