问题 问答题

甲公司向乙公司发出一份传真订货,该传真列明了货物的种类、数量、质量、供货时间、交货方式等,并要求乙在5日内报价。乙公司接受甲公司发出传真列明的条件并按期报价,并要求甲公司在5日内回复;甲公司如期回电同意其价格,并要求签订书面合同。乙公司在未签订书面合同的情况下按照甲公司提出的要求发货,甲收货后并未及时提出异议,也没有支付货款。其后,因甲企业转型,不再需要该货物。遂甲公司以双方未签订书面合同,买卖关系不能成立为由,要求乙公司应尽快取回货物。乙公司不同意甲公司的意见,要求其偿还货款。经乙公司查证,甲公司放弃其对关联企业的到期债权,并向关联企业无偿转让财产,可能使自己的货款无法得到清偿,遂向人民法院提起诉讼。
根据上述内容,分别回答下列问题:

甲企业提出,由于双方未签订书面合同,买卖关系不能成立的要求是符合法律规定并说明理由。

答案

参考答案:甲企业提出,由于双方未签订书面合同,买卖关系不能成立的要求不符合法律规定。根据合同法律制度规定,如果当事人未采用法律要求或者当事人约定的书面形式、合同书形式订立合同,或者当事人没有在合同书上签字盖章的,只要一方当事人履行了主要义务,对方接受的,合同仍然成立。案例中,双方虽未按约定签订书面合同,但乙已经实际履行合同义务,甲亦接受,并未及时提出异议,故合同成立。

阅读理解

阅读理解。

     A survey was conducted in Shanghai where interviewees were asked if they wanted to be a factory worker. One percent of all peo ple interviewed said: "YES," Wang Hongjun, a technician, said, rai sing his voice for

impressive effect." But I can tell you, only a small part of that I percent are telling the truth."

     I've met colorful people like Wang all over China. They are cynical (玩世不恭的 ) yet warmhearted, plain

spoken but smart. And many of them are confined (局限于) to work in factories.

     Wang is a top technician but also represents manual factory workers, who are China's most important

natural resource. Their en- ergy is powering China's economic boom, and their muscle is turning the wheel of

the world's factory.

     But does their unskilled labor give their life meaning? At school, did they tell their friends:" When I grow up

I want to work in a factory making socks?" Did you?

     Factory work has always been a stepping-stone from farm life to the city and a modern life. It's been

happening for centuries, but today, with our space-age technology, it's outdated. Earning 1,200 yuan,( $169)

per month working in a factory is better than that on a farm, but as Wang points out, it's not a dream career.

There should be better ways to earn your rice.

     Many modern factories no longer have production line workers. Robots do the assembly (装配). People

just do the monitoring. In this age of technology, in which China is now working smarter and not just harder,

why are people still standing in production lines?

     But life is cheap in China. So why not continue to make use of the low-cost labor situation and keep the

economy growing fast, some entrepreneurs may ask.

      But have these businessmen ever labored in a factory?

1. How many people surveyed really like to be factory workers?

A. One percent.

B. Only a small part.

C. Only a small part of that one percent.

D. The writer didn't mention it.

2. Which is NOT the writer's opinion of factory workers?

A. Cynical.

B. Unimportant.

C. Warmhearted.

D. Plain spoken.

3. The writer uses _____ to begin the passage.

A. a lot of figures

B. many examples

C. some dialogue

D. the result of a survey

单项选择题