问题 多项选择题

A国甲公司向B国乙公司购买机床800台,合同约定,价格为每台600美元CIF丙市,2004年6月30日丁港装货。货物于2004年6月30日装船,装船时外包装有严重破损,乙公司向船舶公司出具货物品质的保函。船舶公司应乙公司的请求,出具清洁提单,乙公司据此到银行取得了货款。货物到达丙市后,甲公司发现,机床外包装有严重破损。船舶公司出示了乙公司提供的保函,认为该损失应向乙公司索赔。

下列关于乙公司的责任的表述,正确的是( )。

A.应向船舶公司承担责任,因其出具了保函

B.应向甲公司承担责任,因其货物外包装有严重破损

C.不应向船舶公司承担责任,因其持有清洁提单

D.不应向甲公司承担责任,因其货物已经交付船舶公司

答案

参考答案:A,D

解析:
本题所考查的考点是清洁提单、保函,根据上题所述之法理,保函在托运人乙公司和承运人船舶公司之间有效,乙公司依照此保函对船舶公司的损失承担赔偿责任,而收货方甲公司根据货物实际状况与清洁提单不符合向托运人船舶公司要求赔偿后,不应再向乙公司索赔。因此,本题的正确答案是AD。

判断题
单项选择题

"Congratulations, Mr. Jones, it’s a girl. "

Fatherhood is going to have a different meaning and bring forth a different answer from every man who hears these words. Some feel proud when they receive the news, while others worry, wondering whether they will be good fathers. Although there are some men who like children and may have had considerable experience with them, others do not particularly care for children and spend little time with them. Many fathers and mothers have been planning and looking forward to children for some time. For other couples, pregnancy was an accident that both husband and wife have accepted willingly or unwillingly.

Whatever the reaction to the birth of a child, it is obvious that the change from the role of husband to that of father is a difficult task. Yet, unfortunately, few attempts have been made to educate fathers in this re-socialization process. Although many good books have been written about American mothers, only recently have some books discussed the role of a father.

It is argued by some writers that the transition to the father’s role, although difficult, is not nearly as great as the transition the wife must make to the mother’s role. The mother’s role seems to require a complete transformation of daily routine and adaptation to a new life, on the other hand, the father’s role is less demanding and immediate. However, even though we have mentioned the fact that growing numbers of women are working outside the home, the father is still thought by many as the breadwinner in the household.

Some writers argue that with respect to the change of roles, fathers, compared with mothers,()

A. have to do more in the household

B. have to make more difficult adaptations

C. have an easier job to do

D. can usually do a better job