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1、2021安徽自学考试考试模拟卷(8)本卷共分为2大题50小题,作答时间为180分钟,总分100分,60分及格。一、单项选择题(共25题,每题2分。每题的备选项中,只有一个最符合题意) 1. 2. 3. 4. 5. 6. 7. 8.案例:恒通商场与瑞达电器集团于2007年11月份订立了空调供销合同,约定:瑞达电器集团于2008年5月底交付立式空调500台,每台价格4000元,恒通商场于合同签订时向瑞达电器集团支付30万元定金。2008年3月,由于气象部门预测今年将持续高温,瑞达电器集团的空调被定购一空,且每台价格达5000元。2008年3月底,瑞达电器集团发函给恒通商场,要求调高空调的价格,但恒
2、通商场不同意。瑞达电器集团明确表示,将不会供应空调给恒通商场。2008年4月3日,恒通商场按合同约定通过银行向瑞达电器集团支付了全部货款。瑞达电器集团拒收货款,同时在4月5日发函给恒通商场,以情势变更为由,宣布取消双方之间的空调供销合同。恒通商场起诉至法院。请根据问题,选出最正确的答案。2008年3月底,瑞达电器集团明确表示,不会供应空调给恒通商场。该行为在法律上属于_A拒绝履行行为B情势变更行为C不可抗力行为D不安抗辩行为 9.案例:恒通商场与瑞达电器集团于2007年11月份订立了空调供销合同,约定:瑞达电器集团于2008年5月底交付立式空调500台,每台价格4000元,恒通商场于合同签订时
3、向瑞达电器集团支付30万元定金。2008年3月,由于气象部门预测今年将持续高温,瑞达电器集团的空调被定购一空,且每台价格达5000元。2008年3月底,瑞达电器集团发函给恒通商场,要求调高空调的价格,但恒通商场不同意。瑞达电器集团明确表示,将不会供应空调给恒通商场。2008年4月3日,恒通商场按合同约定通过银行向瑞达电器集团支付了全部货款。瑞达电器集团拒收货款,同时在4月5日发函给恒通商场,以情势变更为由,宣布取消双方之间的空调供销合同。恒通商场起诉至法院。请根据问题,选出最正确的答案。瑞达电器集团以情势变更为由,宣布取消空调供销合同。下列对该行为的判断正确的是_A瑞达电器集团解除合同行为有效
4、B瑞达电器集团解除合同行为缺乏依据,无效C瑞达电器集团解除合同行为效力待定D瑞达电器集团解除合同行为成立,待主管机关登记后生效 10.案例:恒通商场与瑞达电器集团于2007年11月份订立了空调供销合同,约定:瑞达电器集团于2008年5月底交付立式空调500台,每台价格4000元,恒通商场于合同签订时向瑞达电器集团支付30万元定金。2008年3月,由于气象部门预测今年将持续高温,瑞达电器集团的空调被定购一空,且每台价格达5000元。2008年3月底,瑞达电器集团发函给恒通商场,要求调高空调的价格,但恒通商场不同意。瑞达电器集团明确表示,将不会供应空调给恒通商场。2008年4月3日,恒通商场按合同
5、约定通过银行向瑞达电器集团支付了全部货款。瑞达电器集团拒收货款,同时在4月5日发函给恒通商场,以情势变更为由,宣布取消双方之间的空调供销合同。恒通商场起诉至法院。请根据问题,选出最正确的答案。恒通商场起诉到法院后,除了可以采取终止履行等措施以外,还可以要求瑞达电器集团承担_A直接损失B间接损失C直接损失和附带损失D双倍返还定金或违约责任 11.A在B服装店购物,因自己粗心将店内一套仿毛西装视作全毛西装买下,并按全毛西装价格支付了价款,B的营业员明知A搞错也不予纠正,事后A发现了这一错误。A与B服装店的买卖合同_A成立B不成立C不生效D无效 12.A在B服装店购物,因自己粗心将店内一套仿毛西装视
6、作全毛西装买下,并按全毛西装价格支付了价款,B的营业员明知A搞错也不予纠正,事后A发现了这一错误。A的行为属于_A显失公平B重大误解C履行不能D附解除条件 13.A在B服装店购物,因自己粗心将店内一套仿毛西装视作全毛西装买下,并按全毛西装价格支付了价款,B的营业员明知A搞错也不予纠正,事后A发现了这一错误。A发现自己错误后,可以_A向法院申请撤销或变更B向法院请求确实无效C请求B承担违约责任D单方解除合同 14.冬葵子的功效()A清热解毒,消痈散结,通经下乳B清热泻火,利尿通淋,通经下乳C利尿通淋,润肠通便,行滞下乳D平肝疏肝,祛风明日,活血通乳E通络搜风,消肿排脓,通经下乳15.Shoppi
7、ng habits in the United States have changed greatly in the last quarter of the 20th centuryEarly in the 1900s most American towns and cities had a Main StreetMain Street was always in the heart of a townThis street was 16 on both sides with many various businesses Here,shoppers walked into stores to
8、 look at all sorts of merchandise:clothing, furniture, hardware,groceries 17 ,some shops offered 18 These shops included drugstores,restaurants, shoe repair stores,and barber or hairdressing shops 19 in the 1950s,a change began to 20 Too many automobiles had crowded into Main Street 21 too few parki
9、ng places were 22 shoppersBecause the streets were crowded,merchants began to look with interest at the open spaces 23 the city limitsOpen space is what their car driving customers neededAnd open space is what they got when the first shopping center was builtShopping centers,or rather malls, 24 as a
10、 collection of small new stores 25 crowded city centersAttracted by hundreds of free parking space,customers were drawn away from 26 areas to outlying mallsAnd the growing 27 of shopping centers led 28 to the building of bigger and better stocked stores 29 the late 1970s,many shopping malls had almo
11、st developed into small cities themselvesIn addition to providing the convenience of one stop shopping, malls were transformed into landscaped parks, 30 benches,fountains,and outdoor entertainment.AbuiltBdesignedCintendedDlined 16.Passage 1 Britain almost more than any other country in the world mus
12、t seriously face the problem of building upwards,that is to say of accommodating a considerable proportion of its population in high blocks of flatsIt is said that the Englishman objects to this type of existence,but if the case is such, he does in fact differ from the inhabitants of most countries
13、of the world todayIn the past our own blocks of flats have been associated with the lower-income groups and they have lacked the obvious provisions,such as central heating,constant hot water supply, electrically operated lifts from top to bottom,as well as such details,important notwithstanding(然而),
14、as easy facilities for disposal of dust and rubbish and storage places for baby carriages on the ground floor, playgrounds for children on the top of the buildings,and drying grounds for washingIt is likely that the dispute regarding flats versus(对抗)individual houses will continue to rage on for a l
15、ong time as far as Britain is concernedAnd it is unfortunate that there should be hot feelings on both sides whenever this subject is raisedThose who oppose the building of flats base their case primarily on the assumption(设想)that everyone prefers an individual home and garden and on the high cost p
16、er unit of accommodationThe latter ignores the higher cost of providing full services to a scattered community and the cost in both money and time of the journeys to work for the suburban residentWe can infer from the passage that_AEnglish people,like most people in other countries,dislike living in
17、 flatsBpeople in most countries of the world today are not opposed to living in flatsCpeople in Britain are forced to move into high blocks of flatsDmodern flats still fail to provide the necessary facilities for living 17.Passage 2 Many a young person tells me he wants to be a writerI always encour
18、age such people, but also explain that theres a big difference between“being a writer”and writingIn most cases these individuals are dreaming of wealth and fame,not the long hours alone at a typewriter“Youve got to want to write,”I say to them,“not want to be a writer” The reality is that writing is
19、 a lonely, private and poor paying affairFor every writer kissed by fortune there are thousands more whose longing is never rewardedWhen I left a 20-year career in the USCoast Guard to become a freelance writer(自由撰稿人),I had no prospects at all. What I did have was a friend who found me in my room in
20、 a New York apartment buildingIt didnt even matter that it was cold and had no bathroomI immediately bought a used manual typewriter and felt like a genuine writer After a year or so,however, I still hadnt gotten a break and began to doubt myselfIt was so hard to sell a story that barely made enough
21、 to eatBut I knew I wanted to writeI had dreamed about it for yearsI wasnt going to be one of those people who die wonderingWhat if I would keep putting my dream to the test even enough it meant living with uncertainty and fear of failureThis is the Shadow land of hope,and anyone with a dream must l
22、earn to live thereThe passage is meant to_Awarn young people of the hardships that a successful writer has to experienceBadvise young people to give up their idea of becoming a professional writerCshow young people its unrealistic for a writer to pursue wealth and fameDencourage young people to purs
23、ue a writing career 18.Passage 2 Many a young person tells me he wants to be a writerI always encourage such people, but also explain that theres a big difference between“being a writer”and writingIn most cases these individuals are dreaming of wealth and fame,not the long hours alone at a typewrite
24、r“Youve got to want to write,”I say to them,“not want to be a writer” The reality is that writing is a lonely, private and poor paying affairFor every writer kissed by fortune there are thousands more whose longing is never rewardedWhen I left a 20-year career in the USCoast Guard to become a freela
25、nce writer(自由撰稿人),I had no prospects at all. What I did have was a friend who found me in my room in a New York apartment buildingIt didnt even matter that it was cold and had no bathroomI immediately bought a used manual typewriter and felt like a genuine writer After a year or so,however, I still
26、hadnt gotten a break and began to doubt myselfIt was so hard to sell a story that barely made enough to eatBut I knew I wanted to writeI had dreamed about it for yearsI wasnt going to be one of those people who die wonderingWhat if I would keep putting my dream to the test even enough it meant livin
27、g with uncertainty and fear of failureThis is the Shadow land of hope,and anyone with a dream must learn to live thereWhat can be concluded from the passageAGenuine writers often find their work interesting and rewardingBA writers success depends on luck rather than on effortCFamous writers usually
28、live in poverty and isolationDThe chances for a writer to become successful are small 19.Passage 1 Britain almost more than any other country in the world must seriously face the problem of building upwards,that is to say of accommodating a considerable proportion of its population in high blocks of
29、 flatsIt is said that the Englishman objects to this type of existence,but if the case is such, he does in fact differ from the inhabitants of most countries of the world todayIn the past our own blocks of flats have been associated with the lower-income groups and they have lacked the obvious provi
30、sions,such as central heating,constant hot water supply, electrically operated lifts from top to bottom,as well as such details,important notwithstanding(然而),as easy facilities for disposal of dust and rubbish and storage places for baby carriages on the ground floor, playgrounds for children on the
31、 top of the buildings,and drying grounds for washingIt is likely that the dispute regarding flats versus(对抗)individual houses will continue to rage on for a long time as far as Britain is concernedAnd it is unfortunate that there should be hot feelings on both sides whenever this subject is raisedTh
32、ose who oppose the building of flats base their case primarily on the assumption(设想)that everyone prefers an individual home and garden and on the high cost per unit of accommodationThe latter ignores the higher cost of providing full services to a scattered community and the cost in both money and
33、time of the journeys to work for the suburban residentWhat is said about the blocks of flats built in the past in BritainAThey were mostly inhabited by people who did not earn muchBThey were usually not large enough to accommodate big familiesCThey were sold to people before necessary facilities wer
34、e installedDThey provided playground for children on the top of the buildings 20.Shopping habits in the United States have changed greatly in the last quarter of the 20th centuryEarly in the 1900s most American towns and cities had a Main StreetMain Street was always in the heart of a townThis stree
35、t was 16 on both sides with many various businesses Here,shoppers walked into stores to look at all sorts of merchandise:clothing, furniture, hardware,groceries 17 ,some shops offered 18 These shops included drugstores,restaurants, shoe repair stores,and barber or hairdressing shops 19 in the 1950s,
36、a change began to 20 Too many automobiles had crowded into Main Street 21 too few parking places were 22 shoppersBecause the streets were crowded,merchants began to look with interest at the open spaces 23 the city limitsOpen space is what their car driving customers neededAnd open space is what the
37、y got when the first shopping center was builtShopping centers,or rather malls, 24 as a collection of small new stores 25 crowded city centersAttracted by hundreds of free parking space,customers were drawn away from 26 areas to outlying mallsAnd the growing 27 of shopping centers led 28 to the buil
38、ding of bigger and better stocked stores 29 the late 1970s,many shopping malls had almost developed into small cities themselvesIn addition to providing the convenience of one stop shopping, malls were transformed into landscaped parks, 30 benches,fountains,and outdoor entertainment.AApart fromBHowe
39、verCIn additionDAs well 21.Passage 2 Many a young person tells me he wants to be a writerI always encourage such people, but also explain that theres a big difference between“being a writer”and writingIn most cases these individuals are dreaming of wealth and fame,not the long hours alone at a typew
40、riter“Youve got to want to write,”I say to them,“not want to be a writer” The reality is that writing is a lonely, private and poor paying affairFor every writer kissed by fortune there are thousands more whose longing is never rewardedWhen I left a 20-year career in the USCoast Guard to become a fr
41、eelance writer(自由撰稿人),I had no prospects at all. What I did have was a friend who found me in my room in a New York apartment buildingIt didnt even matter that it was cold and had no bathroomI immediately bought a used manual typewriter and felt like a genuine writer After a year or so,however, I st
42、ill hadnt gotten a break and began to doubt myselfIt was so hard to sell a story that barely made enough to eatBut I knew I wanted to writeI had dreamed about it for yearsI wasnt going to be one of those people who die wonderingWhat if I would keep putting my dream to the test even enough it meant l
43、iving with uncertainty and fear of failureThis is the Shadow land of hope,and anyone with a dream must learn to live thereWhy did the author begin to doubt himself after the first year of his writing careerAHe wasnt able to produce a single bookBHe hadnt seen a change for better lifeCHe wasnt able t
44、o have a rest for a whole yearDHe found his dream would never come true 22.Shopping habits in the United States have changed greatly in the last quarter of the 20th centuryEarly in the 1900s most American towns and cities had a Main StreetMain Street was always in the heart of a townThis street was
45、16 on both sides with many various businesses Here,shoppers walked into stores to look at all sorts of merchandise:clothing, furniture, hardware,groceries 17 ,some shops offered 18 These shops included drugstores,restaurants, shoe repair stores,and barber or hairdressing shops 19 in the 1950s,a chan
46、ge began to 20 Too many automobiles had crowded into Main Street 21 too few parking places were 22 shoppersBecause the streets were crowded,merchants began to look with interest at the open spaces 23 the city limitsOpen space is what their car driving customers neededAnd open space is what they got
47、when the first shopping center was builtShopping centers,or rather malls, 24 as a collection of small new stores 25 crowded city centersAttracted by hundreds of free parking space,customers were drawn away from 26 areas to outlying mallsAnd the growing 27 of shopping centers led 28 to the building of bigger an