甲要修房子，需要一批砖。甲与乙订立合同，按照合同约定，乙应当在3天之内，运1万块砖到甲修房子的工地上。未料想乙的拖拉机坏了，于是乙便让丙用丙的拖拉机运了 1万块砖到甲的工地上。对此，下列说法正确的是( )。
A．丙是合同债务人
B．丙是合同的履行主体，若履行不适当，应向甲承担违约责任
C．乙是合同的履行主体，若履行不适当，应向甲承担违约责任
D．乙是合同债务人，若丙履行不适当，乙应向甲承担违约责任
参考答案：D
解析： 甲乙为合同当事人，乙为债务人，第三人丙代替乙履行债务，丙是债务履行主体。根据合同的相对性原理，第三人丙履行债务不适当，应由债务人乙向债权人甲承担违约责任。
Questions 23-28
· Read the Chairman’s Statement below.
· For questions (23-28), choose the correct answer.
· Mark one letter (A, B or C) on your Answer Sheet.
| Chairman’s Statement Despite the appearance of a new competitor on the market, the company continued to grow and increase its market share throughout 2000. Partly in response to this new threat, but more importantly, as part of a strategy for growth, several key decisions were taken this year. The most significant new developments included a range of vitamin-rich drinks for children and low calorie diet drinks, which both proved very popular. The company is still best known for its range of refreshing fruit drinks and, not surprisingly, these were our biggest sellers once more. There were two new additions to the range last year, Squish! and Liquid Sunshine, both of which have a distinctive Caribbean flavour. The first sales figures suggest that our expensive TV advertising campaign was very successful and that these products will soon be as popular as the rest of the fruit drink range. Growth in the keep-fit and health markets meant our energy drinks did well in 2000. Sales of one brand, Booster were second only to fruit drinks in April. The strength of this particular market also explains the success of our new diet drinks. There were, however, big differences in the performance of our older products. The company’s oldest product, mineral water, continued to enjoy a healthy share of a very profitable mass market. It seems our customers are still happy to stay with the brand despite the increasing number of competitors’ products. Unfortunately, the same cannot be said of our Ice-T and Chocomania drinks. Sales showed an initial increase in the summer after we re-launched both products but customers soon bought other brands and total annual sales for both product ranges were disappointing. The company also said goodbye to its own brand of cola, launched in 1998. After two unsuccessful years of trying to break into the huge cola market, 2000 looked like being another poor year. The company finally accepted that it had made a wrong decision and stopped production in September of that year. |
Sales for Ice-T and Chocomania
A．
| A. rose and then fell again. |
B．
| B. increased steadily. |
C．
| C. were disappointing all year. |