问题 问答题


案情:甲演出公司与乙服装公司订立合同一份,约定由甲公司提供布料,乙公司为甲公司加工一批服装。完工后,由乙公司送货上门。乙公司完成加工任务后,委托丙运输公司为其送货。两辆送货的卡车在送货途中,遭受雷击。其中一辆卡车幸免,另一辆起火燃烧,车毁人亡。事后,甲演出公司要求乙服装公司补齐其定作的全部服装,并承担迟延交货的责任;乙服装公司则主张甲演出公司依照合同约定支付全部加工费,服装损失则应由丙运输公司承担;而丙运输公司要求乙服装公司支付全部运费,并分担部分汽车损失责任。各方争执不下,纷纷向法院提起诉讼。
问题:
假设各方均未向保险公司投保的情况下:

丙运输公司可否请求乙服装公司支付全部运费可否请求乙服装公司分担毁损汽车的部分损失为什么

答案

参考答案:

解析:[参考答案:及解析] 丙运输公司不能请求乙服装公司支付运费,也无权请求乙服装公司分担汽车损失。依我国《合同法》规定,货物在运输过程中因不可抗力灭失,未收取运费的,承运人不得要求支付运费;已收取运费的,托运人可以要求返还。所以,丙不能请求已灭失的服装的运费。因为汽车的所有权人是丙,乙对汽车的毁损不存在任何过错,无须承担任何责任。

阅读理解

阅读理解。

     Only three local students won Chinese Blog (博客) Competition. And 15 of the 18 awards want to

students from China.

     170 students' task: to get a fully-designed blog up and running, complete with many posting based

on a theme of choice-all written in Chinese.

     Themes ranged from local opinions-such as the usage of Singlish, education and whether Singapore

can be a cultural centre-to food blogs.

     The entries were judged on Language proficiency (熟练程度) and the quality of writing, as well as

the design and level of exchanging ideas with readers.

     Academics from the National University of Singapore and the SIM University IT experts, and a journalist

from Chinese newspaper Lianhe Zaobao in Singapore made up the judges.

     In the end, only three Singaporean students made it to the award list-the rest of the awards were swept

up by students from China.

     "No surprise." said Mr. Chow Yaw Long, 37, teachers in charge from Ianova Junior College, which

organized the event. "Although the topics were local subjects, the foreign students were generally better in

terms of the content of the posts and their grasp of the Chinese language."

     One of the three local students winning the first prize in the Best Language Award was blogger Christina

Gao 19, from the Saint Andrew's Junior College, who spared no effort in researching for and writing her

blog. Each entry took her between five and seven days to produce, complete with pictures and even podcasts

(播客).

     Her advice for bloggers is: Be responsible

     "Some bloggers out there only seek to blame the authorities and other bloggers." Said Miss Gao. "I think

they lack responsibilities and there is no value to their posts."

1. The competition was organized by _____.

A. the National University of Singapore

B. Chinese newspaper Lianhe Zaobao

C. Innova Junior College

D. the Saint Andrew's Junior College

2. Which of the following is TRUE according to the passage?

A. Chinese students won most of the awards.

B. Not all the themes were about local subjects.

C. The blogs could be written in Chinese or Singlish.

D. The judges were from university in Singapore and China.

3. What Miss Gao said suggests that _____.

A. she likes to blame the authorities

B. she has a sense of responsibility

C. she thinks highly of the others' blogs

D. she loves to read valuable posts

4. The passage in mainly about _____.

A. how Chinese students won the awards in the competition

B. why bloggers should take responsibility for their blogs

C. how Miss Gao won the first prize in the competition

D. what the result of the competition was

单项选择题