案例分析题
第60小题,15分。请将答案写在答题纸指定位置上。
某甲和乙工厂订立一份买卖汽车的合同,约定由工厂在6月底将一部行驶3万公里的卡车交付给甲,价款3万元。甲交付定金5000元,交车后15日内余款付清。合同还约定,工厂晚交车一天,扣除车款50元,甲晚交款一天,应多交车款50元;一方有其他违约情形,应向对方支付违约金6000元。合同订立后,该卡车因外出运货耽误,未能在6月底以前返回。7月1日,卡车在途经山路时,因遇暴雨,被一块落下的石头砸中,车头受损,工厂对卡车进行了修理,于7月10日交付给甲。10天后,甲在运货中发现卡车发动机有毛病,经检查,该发动机经过大修理,遂请求退还卡车,并要求工厂双倍返还定金,且支付6000元违约金,赔偿因其不能履行对第三人的运输合同而造成的经营收入损失3000元,工厂意识到对自己不利,即提出汽车没有办理过户手续,合同无效,双方只需返还财产。
问:(1)甲、乙签订买卖合同的效力如何?为什么?
(2)本案应如何处理?为什么?
But children speak【53】they learn to write. And millions of people in the world speak languages with【54】written form. Among these people oral literature abounds, and crucial knowledge【55】memorized and passed【56】generations. But human memory is short-lived, and the brain's storage capacity is finite.【57】overcame such problems and allowed communication across the miles【58】through the years and centuries. Writing permits a society【59】permanently record its poetry, its history and its technology.
It might be argued【60】today we have electronic means of recording sound and【61】to produce films and television, and thus writing is becoming obsolete.【62】writing became extinct, there would be no knowledge of electronics【63】TV technicians to study; there would be, in fact, little technology in years to【64】. There would be no film or TV scripts, no literature, no books, no mails, no newspapers, no science. There would be【65】advantages: no bad novels, junk mails, poison-pen letters, or "unreadable" income-tax forms, but the losses would outweigh the【66】.
There are almost as【67】legends and stories on the invention of writing as there are【68】the origin of language. Legend has it that Cadmus, Prince of Phoenicia and founder of the city of Thebes,【69】the alphabet and brought it with him to Greece. In one Chinese fable the four-eyed dragon-god T'sang Chien invented writing. In【70】myths, the Babylonian god Nebo and the Egyptian god Thoth gave humans writing as well as speech.
(51)
One of the great mystery of modern biology is how 【M1】______
proteins—the strings of amino acids that are the substance
of all living things—fold into precise and complex shapes
when they created inside living cells. 【M2】______
Proteins snap into their predestined shape within
microseconds, but the multistep process by which they do
so is so complicated that this would take a powerful computer【M3】______
centuries to come up a model for how it is done. 【M4】______
Recently, however, some very smart chemists at
Stanford University and the University of Illinois borrowed
an idea from the SETI (Search for Extraterrestrial
Intelligence) project to find an alternate solution. 【M5】______
The SETl @ home project divvies out to 4 million PC
owners chunks of raw data from the giant Arecibo radio
telescope in Puerto Rico. Those PCs, in its idle moments, 【M6】______
filter this electronic noise for telltale signs of another civilization
in the cosmos, and then ship the results back to SETI. Folding
@ home, the brainchild of Stanford biophysics Professor
Vijay Pende, similar parcels out the protein folding 【M7】______
computations among 43,000 active PC-owning volunteers.
In Sunday's online version of the British journal Nature,
Pende reported success. The "distributed computing"
system has modeled how a man-made chain of 23 amino
acids called BBA5 snap into shape over the course of 6 【M8】______
microseconds matched the time it takes the protein to 【M9】______
form. and fold in the lab.
The PC network already is at work deciphering the
folding of real human proteins and may one day ravel 【M10】______
just what goes wrong in misshapen proteins believed
responsible for afflictions such as Creutzfeldt-Jakob and
Alzheimer's disease.
【M1】