问题 单项选择题

甲企业因基建需要竹签与乙厂签订了一份供货合同。合同约定,乙供应甲竹签100捆,每根单价1元,未约定总价。乙如约按惯例供应竹签100捆,每捆100根。甲企业以自己认为每捆竹签为10根,现每捆竹签为100根为由,主张变更合同,遭乙厂反对,双方发生纠纷。对此纠纷,应如何处理( )

A.按重大误解处理
B.按合同解释处理
C.或按无效合同处理,或按合同解释处理
D.按无效合同处理

答案

参考答案:B

解析:本题涉及合同解释与重大误解的区别问题。重大误解是指因行为人的错误而导致的对行为性质、对方当事人、行为内容、行为方式等发生的错误理解,且造成一方当事人重大损失。就行为内容的重大误解而言,往往与合同解释相混淆。对行为内容的重大误解,是指因行为人的错误而导致的合同内容的错误,行为人对合同内容存在争议,而合同解释是双方当事人对合同内容本身不存在错误,合同内容本身不存在争执,只是对于合同的内容存在不同的解释。本题双方当事人对合同内容无争议,只是对捆如何解释存在不同的理解。依《合同法》第25条规定,应按合同解释处理。故正确选项为B。

阅读理解

Ireland has had a very difficult history. The problems started in the 16th century when English ruler tried to conquer Ireland. For hundreds of years, the Irish people fought against the English, Finally, in 1921, the British government was forced to give independence to the south of Ireland. The result is that today there are two "Irelands". Northern Ireland, in the north, is part of the United Kingdom. The Republic of Ireland, in the south, is an independent country.

In the 1840s the main crop, potatoes, was affected by disease and about 750,000 people died of hunger. This, and a shortage (短缺) of work, forced many people to leave Ireland and live in the USA, the UK, Australia and Canada. As a result of these problems, the population fell from 8.2 million in 1841 to 6.6 million in 1851.

For many years, the majority of Irish people earned their living as farmers. Today, many people will work on the land but more and more people are moving to the cities to work in factories and offices. Life in the cities is very different from life in the countryside, where things move at a quieter and slower pace.

The Irish are famous for being warm-hearted and friendly. Oscar Wilde, a famous Irish writer, once said that the Irish were "the greatest talkers since the Creeks". Since independence, Ireland has revived (复兴) its own culture of music, language, literature and singing. Different areas have different styles of old Irish songs which are sung without instruments. Other kinds of Irish music use many different instruments such as the violin, whistles, etc.

小题1:What does the author tell us in paragraph 1?

A.How the Irish fought against the English.

B.How Ireland gained independence.

C.How English rulers tried to conquer Ireland.

D.How two “Irelands” came into being.小题2:We learn from the text that in Ireland________.

A.food shortages in the 1840s led to a decline in population

B.people are moving to the cities for lack of work in the countryside

C.it is harder to make a living as a farmer than as a factory worker

D.different kinds of old Irish songs are all sung with instruments小题3:The last paragraph is mainly about________.

A.the Irish character

B.Irish culture

C.Irish musical instruments

D.a famous Irish writer小题4:What can be the best title for the text?

A.Life in Ireland

B.A very difficult history

C.Ireland, past and present

D.the independence of Ireland

判断题