题目内容
某综合办公楼工程，建设单位甲通过公开招标确定本工程由乙承包商为中标单位，双方签订了工程总承包合同。由于乙承包商不具有勘察、设计能力，经建设单位甲同意，乙分别与建筑设计院丙和建筑工程公司丁签订了工程勘察设计合同和工程施工合同。勘察设计合同约定由丙对甲的办公楼及附属公共设施提供设计服务，并按勘察设计合同的约定交付有关的设计文件和资料。施工合同约定由于根据丙提供的设计图纸进行施工，工程竣工时根据国家有关验收规定及设计图纸进行质量验收。合同签订后，丙按时将设计文件和有关资料交付给丁，丁根据设计图纸进行施工。工程竣工后，甲会同有关质量监督部门对工程进行验收，发现工程存在严重质量问题，是由于设计不符合规范所致。原来丙未对现场进行仔细勘察即自行进行设计导致设计不合理，给甲带来了重大损失，并以与甲方没有合同关系为由拒绝承担责任；乙又以自己不是设计人为由推卸责任。甲遂以丙为被告向法院提起诉讼。 问题： 1．本案例中，甲与乙、乙与丙、乙与丁分别签订的合同是否有效并分别说明理由。 2．甲以丙为被告向法院提起诉讼是否妥当为什么 3．工程存在严重质量问题的责任应如何划分 4．根据我国法律法规的规定，承包单位将承包的工程转包或违法分包应承担什么法律后果
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Text 3 The "MyDoom" virus could presage a generation of computer attacks by organised gangs aiming to extract ransoms from online businesses, experts said yesterday. The warning came as the website run by SCO, a company that sells Unix computer software, in effect disappeared from the web under a blizzard of automated attacks from PCs infected by the virus, which first appeared a week ago. The "MyDoom-A" version of the virus is reckoned to be the worst to have hit the internet, in terms of the speed of its spread, with millions of PCs worldwide believed to be infected. Such "zombie" machines begin to send out hundreds of copies of the virus every hour to almost any e-mail address in their files. On Sunday they began sending automated queries to SCO’s website, an attack that will continue until 12 February. The attack is the web equivalent of ringing the company’s doorbell and running away a million times a second, leaving its computers unable to deal with standard requests to view its pages. "You have to wonder about the time limit," said Graham Cluley, senior technology consultant at the antivirus company Sophos. "Someone could go to SCO after the 12th and say, ’If you don’t want this to happen again, here are our demands’." Raimund Genes, European president of the security software firm Trend Micro, said: "Such a programme could take out any major website on the internet. It’s not terrorism, but it is somebody who is obviously upset with SCO" SCO has earned the enmity of computer users through a lawsuit it has filed against IBM. SCO claims ownership of computer code it says IBM put into the free operating system Linux, and is demanding licence fees and damages of $1bn. Mr. Cluley said: "It might be that whoever is behind this will say to SCO, ’if you don’t want the next one to target you, drop the lawsuit’." SCO has offered $250,000 (￡140,000) for information leading to the arrest of the person or people who wrote and distributed MyDoom. Nell Barrett, of the security company Information Risk Management, said, "I would give a lot of credence to the idea of gangs using viruses to extort money. It’s hard for law enforcement to track them down, because they’re using machines owned by innocent people." A second variant of MyDoom will start attacking part of Microsoft’s website later today. The antivirus company MessageLabs said it had blocked more than 16 million copies of the virus in transit over the net so far. But millions more will have reached their targets. The onset of a new generation of computer attacks was marked by ______.
Text 2 Saudi Arabia, the oil industry’s swing producer, has become its flip-flopper. In February, it persuaded OPEC to cut its total production quotas by lm barrels per day (bpd), to 23.5m, as a precaution against an oil-price crash this spring. That fear has since been replaced by its opposite. The price of West Texas crude hit $40 last week, its highest since the eve of the first Iraq war, prompting concerns that higher oil prices could sap the vigour of America’s recovery and compound the frailty of Europe’s. On Monday May 10th, Ali al-Naimi, Saudi Arabia’s energy minister, called on OPEC to raise quotas, by at least 1. 5m bpd, at its next meeting on June 3rd. Thus far, the high oil price has been largely a consequence of good things, such as a strengthening world economy, rather than a cause of bad things, such as faster inflation or slower growth. China’s burgeoning economy guzzled about 6m bpd in the first quarter of this year, 15% more than a year ago, according to Goldman Sachs. Demand was also strong in the rest of Asia, excluding Japan, growing by 5.2% to 8. 1m bpd. As the year progresses, the seasonal rhythms of America’s drivers will dictate prices, at least of the lighter, sweeter crudes. Americans take to the roads en masse in the summer, and speculators are driving up the oil price now in anticipation of peak demand in a few months’ time. Until recently, the rise in the dollar price of oil was offset outside America and China by the fall in the dollar itself. But the currency has regained some ground in recent weeks, and the oil price has continued to rise. Even so, talk of another oil price shock is premature. The price of oil, adjusted for inflation, is only half what it was in December 1979, and the United States now uses half as much energy per dollar of output as it did in the early 1970s. But if oil cannot shock the world economy quite as it used to, it can still give it "a good kick", warns Goldman Sachs. If average oil prices for the year come in 10% higher than it forecast, it reckons GDP growth in the Group of Seven (G7) rich nations will be reduced by 0.3%, or $70 billion. The Americans are certainly taking the issue seriously. John Snow, their treasury secretary, called OPEC’s February decision "regrettable", and the rise in prices since then "not helpful". Washington pays close heed to the man at the petrol pump, who has seen the average price of a gallon of unleaded petrol rise by 39 cents in the past year. And the Saudis, some mutter, pay close heed to Washington. Besides, the high oil price may have filled Saudi coffers, but it has also affronted Saudi pride. Mr. al-Naimi thinks the high price is due to fears that supply might be disrupted in the future. These fears, he says, are "unwarranted". But the hulking machinery in the Arabian desert that keeps oil flowing round the world presents an inviting target to terrorists should they tire of bombing embassies and nightclubs. (ha May 1st, gunmen killed six people in a Saudi office of ABB Lummus Global, an American oil contractor. Such incidents add to the risk premium factored into the oil price, a premium that the Saudis take as a vote of no confidence in their kingdom and its ability to guarantee the supply of oil in the face of terrorist threats. It is implied in the second paragraph that ______.
Text 2 Saudi Arabia, the oil industry’s swing producer, has become its flip-flopper. In February, it persuaded OPEC to cut its total production quotas by lm barrels per day (bpd), to 23.5m, as a precaution against an oil-price crash this spring. That fear has since been replaced by its opposite. The price of West Texas crude hit $40 last week, its highest since the eve of the first Iraq war, prompting concerns that higher oil prices could sap the vigour of America’s recovery and compound the frailty of Europe’s. On Monday May 10th, Ali al-Naimi, Saudi Arabia’s energy minister, called on OPEC to raise quotas, by at least 1. 5m bpd, at its next meeting on June 3rd. Thus far, the high oil price has been largely a consequence of good things, such as a strengthening world economy, rather than a cause of bad things, such as faster inflation or slower growth. China’s burgeoning economy guzzled about 6m bpd in the first quarter of this year, 15% more than a year ago, according to Goldman Sachs. Demand was also strong in the rest of Asia, excluding Japan, growing by 5.2% to 8. 1m bpd. As the year progresses, the seasonal rhythms of America’s drivers will dictate prices, at least of the lighter, sweeter crudes. Americans take to the roads en masse in the summer, and speculators are driving up the oil price now in anticipation of peak demand in a few months’ time. Until recently, the rise in the dollar price of oil was offset outside America and China by the fall in the dollar itself. But the currency has regained some ground in recent weeks, and the oil price has continued to rise. Even so, talk of another oil price shock is premature. The price of oil, adjusted for inflation, is only half what it was in December 1979, and the United States now uses half as much energy per dollar of output as it did in the early 1970s. But if oil cannot shock the world economy quite as it used to, it can still give it "a good kick", warns Goldman Sachs. If average oil prices for the year come in 10% higher than it forecast, it reckons GDP growth in the Group of Seven (G7) rich nations will be reduced by 0.3%, or $70 billion. The Americans are certainly taking the issue seriously. John Snow, their treasury secretary, called OPEC’s February decision "regrettable", and the rise in prices since then "not helpful". Washington pays close heed to the man at the petrol pump, who has seen the average price of a gallon of unleaded petrol rise by 39 cents in the past year. And the Saudis, some mutter, pay close heed to Washington. Besides, the high oil price may have filled Saudi coffers, but it has also affronted Saudi pride. Mr. al-Naimi thinks the high price is due to fears that supply might be disrupted in the future. These fears, he says, are "unwarranted". But the hulking machinery in the Arabian desert that keeps oil flowing round the world presents an inviting target to terrorists should they tire of bombing embassies and nightclubs. (ha May 1st, gunmen killed six people in a Saudi office of ABB Lummus Global, an American oil contractor. Such incidents add to the risk premium factored into the oil price, a premium that the Saudis take as a vote of no confidence in their kingdom and its ability to guarantee the supply of oil in the face of terrorist threats. By "a good kick", Goldman Sachs suggests that ______.
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