问题 多项选择题

甲与乙签订销售100台机床的合同,但当甲向乙交付时,乙以机床市场疲软为由,拒绝受领,要求甲返还货款。下列说法正确的是_______。

A.乙应当承担缔约过失责任

B.机床在向当地公证机关提存后,因遇火灾,烧毁5台,其损失应由甲承担

C.机床的提存费用应由乙支付

D.甲自将机床提存之1日起,甲对乙的交付机床的债务归于消灭

E.若自提存之日起5年内乙不领取机床,则归甲所有

答案

参考答案:C,E

解析: 本题考核提存的相关规定。有下列情形之一,难以履行债务的,债务人可以将标的物提存:(1)债权人无正当理由拒绝受领;(2)债权人下落不明;(3)债权人死亡未确定继承人或者丧失民事行为能力未确定监护人;(4)法律规定的其他情形。标的物不适于提存或者提存费用过高的,债务人依法可以拍卖或者变卖标的物,提存所得的价款。选项A正确。第103条规定,标的物提存后,毁损、灭失的风险由债权人承担。提存期间,标的物的孳息归债权人所有。提存费用由债权人负担。”由此可见,该风险应当由乙承担,选项B错误,选项C正确。债权人可以随时领取提存物,但债权人对债务人负有到期债务的,在债权人未履行债务或者提供担保之前,提存部门根据债务人的要求应当拒绝其领取提存物。债权人领取提存物的权利,自提存之日起5年内不行使而消灭,提存物扣除提存费用后归国家所有。选项D错误。在法律上,提存的效力在于:自提存之日起,债务人的债务归于消灭。选项E正确。买卖合同是诺成合同,合同签订即生效,乙不按照约定领标的物,构成违约责任。

选择题
单项选择题

Mr. Peter Johnson, aged twenty-three, battled for half an hour to escape from his trapped car yesterday when it landed upside down in three feet of water. Mr. Johnson took the only escape route—through the boot.
Mr. Johnson’s car had finished up in a ditch at Romney Marsin, Kent after skidding on ice and hitting a bank. "Fortunately, the water began to come in only slowly, " Mr. Johnson said. "I couldn’t force the doors because they were jammed against the walls of the ditch and dared not open the windows because I knew water would come flooding in. "
Mr. Johnson, a sweet salesman of Sitting Home, Kent, first tried to attract the attention of other motorists by sounding the horn and hammering on the roof and boot. Then he began his struggle to escape.
Later he said, "It was really a half penny that saved my life. It was the only coin I had in my pocket and I used it to unscrew the back seat to get into the boot. I hammered desperately with a hammer trying to make someone hear, but no help came. "
It took ten minutes to unscrew the seat, and a further five minutes to clear the sweet samples from the boot. Then Mr. Johnson found a wrench and began to work on the boot lock. Fifteen minutes passed by. "It was the only chance I had. Finally it gave, but as soon as I moved the boot lid, the water and mud poured in. I forced the lid down into the mud and scrambled clear as the car filled up. "
His hands and arms cut and bruised, Mr. Johnson got to Beckett Farm nearby, where he was looked after by the farmer’s wife, Mrs. Lucy Bates. Huddled in a blanket, he said, "That thirty minutes seemed like hours. " Only the tips of the car wheels were visible, police said last night. The vehicle had sunk into two feet of mud at the bottom of the ditch.

It may be inferred from the passage that ______.

A. the ditch was along a quiet country road
B. the accident happened on a clear warm day
C. the police helped Mr. Johnson get out of the ditch
D. Mr. Johnson had a tender wife and was well attended