问题 多项选择题

甲乙约定卖方甲负责将所卖货物运送至买方乙指定的仓库。甲如约交货,乙验收收货,但甲未将产品合格证和原产地证明文件交给乙,乙已经支付80%的货款。交货当晚,因山洪暴发,乙仓库内的货物全部毁损。根据合同法律制度的规定,下列表述中,正确的有()。

A.乙应当支付剩余20%的货款

B.甲未交付产品合格证与原产地证明,构成违约,但货物损失由乙承担

C.乙有权要求解除合同,并要求甲返还已支付的80%货款

D.甲有权要求乙支付剩余的20%货款,但应补交已经毁损的货物

答案

参考答案:A, B

解析:(1)标的物毁损、灭失的风险,在标的物交付之前由出卖人承担,交付之后由买受人承担,但法律另有规定或者当事人另有约定的除外;(2)出卖人未按照约定交付有关标的物的单证和资料的,不影响标的物毁损、灭失风险的转移。

翻译题
单项选择题

Passage 4

The United States is a country made up of many different races. Usually they are mixed together and can’t be told from one another. But many of them still talk about where their ancestors came from. It is something they are proud of.

The original Americans, of course were the Indians. The so-called white men who then came were mostly from England. But many came from other countries like Germany and France.

One problem the United States has always had is discrimination. As new groups came to the United States they found they were discriminated against. First it was the Irish and Italians. Later it was the blacks. Almost every group has been able to finally escape this discrimination. The only immigrants who have not are the blacks. Surprisingly enough the worst discrimination today is shown towards the Indians.

One reason the Indians are discriminated against is that they have tried so hard to keep their identity. Of course they are not the only ones who have done so. The Japanese have their Little Tokyo in Los Angeles and the Chinese a Chinatown in New York. The Dutch settlement in Pennsylvania also stays separate from other people. Their towns are like something from the 19th century. They have a different reason from the other groups for staying separately. They live separately for religious reasons rather than keep together in a racial group.

Although some groups have kept themselves separate and others have been discriminated against, all groups have helped make the United States a great county. There is no group that has not helped in some way. And there is no group that can say they have done the most to make it a great country.

Many people still come from other countries to help the United States grow. A good example is the American project that let a man walk on the moon. It was a scientist from Germany who was most responsible for doing that. It is certain that in the future the United States will still need the help of people from all racial groups to remain a great country.

This passage implies that discrimination is a problem which().

A. many races in the United States have experienced

B. will still be very serious in the United States in the future

C. has already been solved in the United States

D. is ply opposed by many different races in the United States