问题 单项选择题

甲公司与一香港公司就购买一批体育用品进行磋商,甲公司在传真中言明如达成协议则以最终签订售货确认书为准。香港公司在接到甲公司的最后一份传真时认为双方已就该笔买卖的价格、期限等主要问题达成一致,遂于2006年9月1日向甲公司开出信用证,但甲公司以信用证上注明的价格不能接受为由拒绝发货。依照法律,下列有关该案的表述中正确的是:

A.买卖合同不成立,甲公司有权拒绝发货
B.买卖合同不成立,甲公司有权拒绝发货,但应补偿香港公司相应的损失
C.买卖合同已成立,甲公司应履行合同
D.买卖合同已成立,但因未发生实际损失,故甲公司不承担法律责任

答案

参考答案:A

解析:[考点] 合同成立的条件
合同的形式以不要式为原则,以要式为例外。如果法律规定或当事人特别约定履行一定的手续,则自该手续完成之时为合同成立时间。该题中甲公司与香港公司约定以最终签订的售货确认书为准,根据《合同法》第33条的规定,在确认书尚未签订的情况下,合同并未成立。香港公司擅自认为合同双方已达成一致而开出信用证,由此造成的损失应当由自己承担。因此,买卖合同不成立,甲公司有权拒绝发货。A项正确。

单项选择题
阅读理解

When Peng Liyuan stepped off the plane in Moscow, the whole world wanted to know who dressed the elegant first lady. The reporter released the secret—Ma Ke.

Peng Liyuan has been wearing Ma Ke's designs for more than a decade, a fact that was only highlighted recently when she was on her first state visit, accompanying her husband President Xi Jinping. The elegant and attractive Peng, formerly a popular singer, has been compared with the US’ first lady Michelle Obama and France’s Carla Bruni-Sarkozy, since stepping off the airplane in Moscow on March 22. Suddenly, everyone was curious to know more about the first lady’s wardrobe.

Even so, Ma prefers a low-key approach. “If you eat a tasty egg why would you want to see the hen?” she says of all the media attention.

Ma’s relationship with Peng began 10 years ago after a concert in Guangzhou when a reporter told Peng she knew the designer behind the label Exception de Mixmind. Peng asked for an introduction because she was a fan of Ma’s designs and had been wearing them for years.

The two naturally became friends. Ma says: “The painting reflects the painter, and clothes reflect both the designer and the wearer. Someone desires fame and wealth, or love and sympathy; what you have in your heart is reflected in the design. Those who don’t share my philosophy won’t buy my clothes. Peng is a caring person, devoted to charity and environmental protection, which is exactly what I’m doing now.”

However, regardless of the brand, Peng’s support of Chinese labels has surprised millions of Chinese who favor foreign fashion brands.

“Instead she presented a vision of Chinese fashion, desiring to bring Chinese designers to the world stage,” says a western designer.

The first lady’s double-breasted coat and her black leather handbag aren’t available at any of Exception’s shops, though Exception’s physical stores do have seen a rising number of visitors.

小题1:The passage mainly discusses _________.

A.the designer of the first lady Peng Liyuan’s dress, Ma Ke

B.the friendship between Peng Liyuan and her designer

C.Peng Liyuan’s clothes on her first state visit

D.the reactions to Peng Liyuan’s first visit to Moscow小题2:In the underlined sentence in Paragraph 3 Ma Ke mentioned “an egg and the hen” to show _________.

A.it is hard to explain “Which came first, the egg or the hen?”

B.paying such great attention to her was unnecessary

C.the outcome was more important than the process

D.her dissatisfaction with the media attention on her dress小题3:What can be inferred from the passage?

A.First ladies compete with each other whenever they are together.

B.Peng’s suits can be bought in Ma Ke’s clothes stores.

C.Ma Ke offered to design the first lady’s clothes through her friends.

D.Peng had liked Ma’s designs long before she got to know her in the flesh.小题4:In the passage, Peng Liyuan _________.

A.often reflects on what she has in her heart before choosing clothes

B.is sympathetic and has a strong environmental consciousness

C.always desires the exceptional charm of the brand

D.is knowledgeable in philosophy小题5:Which of the following statements is NOT true according to the passage?

A.Peng wears the dress designed by a Chinese designer probably to support Chinese brands.

B.Many citizens found Peng Liyuan’s choice quite unexpected.

C.Black leather handbags like Peng’s are widely sold in bag stores in big cities.

D.After Peng Liyuan’s visit to Moscow Ma Ke’s clothes became more popular.