问题 问答题

A国甲公司2010年8月20日致电B国乙公司:“长期求购儿童玩具,请按本公司提供的样品生产10000件,每件FCA60美元。该批货物请于2010年9月20日至30目交货。”2010年8月25日甲公司收乙公司电:“接受你方来电,因生产计划安排,2010年1O月10日至20日方能交货。”2010年8月28日,乙公司收甲公司电:“请贵公司按你方所述日期交货为盼。”乙公司未能按时交货,甲公司为此给予其20天宽限期。2010年11月2日,乙公司将货物交给承运人,2010年12月30日甲公司收到该批货物。甲公司将该批玩具上市销售后,2011年1月A国丙公司起诉控告甲公司所售玩具侵犯其专利权,并要求赔偿。甲公司认为该玩具系B国乙公司生产,自己不应承担责任,应由乙公司承担责任。上述A、B两国均为联合国国际货物买卖合同公约成员国。请问:

乙公司不按时交货,甲公司能否立即宣告合同无效,为什么甲公司还能采取什么补救办法

答案

参考答案:不能,因为未按时交货并未涉及到根本违反合同,只有在根本违法合同及当事人未收到货物的前提下当事人可以解除合同。甲公司就乙公司的违约可以要求损害赔偿。

单项选择题
阅读理解

阅读理解。

     Beijing had its biggest snowfall since 1951. Britain is suffering through its longest cold snap (寒潮)

since 1981. And freezing weather is hitting the Deep South, including Florida's orange groves and beaches.

Whatever happened to global warming?

     Such weather doesn't seem to fit with warnings from scientists that the Earth is warming because of

greenhouse gases. But experts say the cold snap doesn't contradict global warming at all - it's just a

temporary phenomenon in the long-term heating trend. "It's part of natural variability," said Gerald Meehl,

a senior scientist. With global warming, he said, "we'll still have record and cold temperatures. We'll just

have fewer of them."

     Scientists say man-made climate change does have the potential to cause more frequent and more

severe weather extremes. But experts did not connect the current cold snap to climate change.

     So what is going on?

     "We basically have seen just a big outbreak of Arctic air over populated areas of the Northern

Hemisphere", Arndt said.

     In the atmosphere, large rivers of air travel roughly west to east around the globe between the Arctic

and the tropics. This air flow acts like a fence to keep Arctic air restricted. But recently, this air flow has

become bent into a zigzag (之字形) pattern, wandering north and south. If you live in a place where it

brings air up from the south, you get warm weather. In fact, record highs were reported this week in

Washington state and Alaska.

    But in the eastern United States, like some other unlucky parts of the globe, Arctic air is coming from

the north. And that's how you get a temperature of 3 degrees in Beijing, a reading of minus-42 in

mainland Norway, and 18 inches of snow in parts of Britain. The zigzag pattern arises naturally from time

to time, but it is not clear why it's so strong right now.

1. What is the main idea of the text?

A. Freezing weather is hitting the Deep South.

B. We'll still have record cold temperatures.

C. The air flow has become a zigzag pattern.

D. Cold snap doesn't contradict global warming.

2. With global warming, we will ____.

A. also meet with severe cold snap

B. have more hot temperatures forever

C. never experience cold temperatures

D. have more cold temperatures

3. Beijing had its biggest snowfall since 1951 because of ____.

A. a fence from the Arctic

B. a cooling trend in climate

C. a big outbreak of Arctic air

D. its large population

4. We can conclude that ____.

A. not all the parts of the Northern Hemisphere are cold in face of the cold snap

B. the zigzag pattern arises naturally accidentally

C. Beijing will get cold weather next year

D. Washington state and Alaska will not face cold weather next year.