问题 单项选择题

美国甲公司从日本乙公司进口一批蔬菜,合同约定货到验收后付款。货物到达目的港,甲公司提货验收后,发现货物总重量短少20%,单个重量也不符合合同规定。下列有关本案的表述哪项是错误的 ( )

A.甲公司有权要求退货
B.甲公司有权拒绝接收货物
C.甲公司可以将货物寄放于第三方仓库,其费用由乙公司承担
D.甲公司可以将货物出售,并从出售价款中扣除保全货物和销售货物发生的合理费用

答案

参考答案:B

解析: “接收货物”不等于“接受货物”,接受表明买方认为货物的质量符合买卖合同的规定,而接收并不表明买方对货物的质量没有异议,如货物在目的港经检验与合同不符,买方也应当接收货物,然后再进行索赔。故B项错误。A项正确,因卖方交付货物短少,且单个重量也不符合合同规定,因此构成合同违约,所以根据《公约》第51条规定,买方拒绝收取货物,即有权要求退货。又根据《公约》第71条规定:“(1)如果订立合同后,另一方当事人由于下列原因显然将不履行其大部分重要义务,一方当事人可以中止履行义务:(a)他履行义务的能力或他的信用有严重缺陷;(b)他在准备履行合同或履行合同中的行为。(2)如果买方在上一款所述的理由明显化以前已将化物发运,他可以阻止就货物交给买方,即使买方特有具有权获得货物的单据。本款规定只与买方和卖方间对货物的权利有关。(3)中止履行义务的一方当事人不论是在货物发运前还是发运后,都必须立即通知另一方当事人,如经另一方当事人对履行义务提供充分保证。则他必须继续履行义务。”C、D项的做法是正确的,不当选。

阅读理解
根据短文内容选择正确答案。
     It's Saturday today, and Trent stays at home and does nothing because he doesn't have any lessons. But
his mother is busy. She has a lot of housework to do. So she gives (给) some apples and bananas to her
children and says to Trent:"Look after (照顾) Ann, I'll do some washing now." "OK, mummy," says Trent.
The boy likes apples and bananas very much. He finishes eating his soon and he wants Ann's. But the little
girl doesn't give him any. He thinks for a while (一会儿) and then has an idea (主意). He asks Ann to play
an animal game with him.
    The girl agrees (同意). Trent begins to play a monkey and Ann plays a visitor (游客). They are very happy.
After a while Trent stops (停止) and says:"Oh, the monkey is hungry (饥饿的). He wants some food." Ann
gives some bananas to him. After a while Ann has no bananas. Trent stops playing and the little girl begins to
cry (哭泣).
1.Why does Trent stay at home today?
[ ]
A.Because he must look after Ann.
B.Because he doesn't want to go to school.
C.Because he has no classes today.
2.What does mother ask Trent to do?
[ ]
A.She asks him to eat fruit.
B.She asks him to look after the little girl.
C.She asks him to play games.
3.Why does Trent play an animal game with Ann?
[ ]
A.Because he wants Ann's bananas.
B.Because he likes Ann very much.
C.Because he thinks to be a monkey is interesting.         
4.Which of the following is wrong?
[ ]
A.The girl likes watching animals.
B.Trent has more bananas than Ann.
C.Trent's mother doesn't like him.
单项选择题