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Negotiating—a complex process even between parties from the same nation — is even more complicated in international transactions bemuse of the added chance of misunderstandings stemming from cultural differences. It is essential to understand the importance of rank in the other country; to know who the decision makers are; to be familiar with the business style of the foreign company; and to understand the nature of agreements in the country, the significance of gestures, and negotiating etiquette. These cultural differences lead to very different style of contract negotiation. There are enormous cultural differences between Asia and the United States. The classic difference is that in Asia, the good faith human relationship between the parties is central. In the United States, on the whole, there is a greater effort to have precise legal descriptions of everything that might happen, resolving every particular type of dispute that can be predicted in advance. Thus, during negotiations, the United States party frequently likes to have a lawyer present and tends to be less ready to use a situation of simple negotiation between the principals. This does not mean that concepts of good faith and good faith relationship between the parties to a contract are not taken seriously in the West, but it does mean that in the legal tradition we axe looked forward to spelling out all the precise details and you should not be surprised if your Western partner asks you to do that. There is a good faith obligation as part of normal contract law under the United States and European law. A contract is a legally binding agreement which the courts will enforce. This definition, likes all definitions, is not perfect, but it does emphasize the most important element in all contracts — agreement. All contracts are agreements, although not all agreements are contracts. So without agreement there can be no contract. But how do you prove the existence of agreement which is really no more than a state of mind of English judges, who are more interested in practical solutions than in abstract theories They have found, from experience, that if one person makes a clear and definite offer and another person unconditionally accepts the offer, then it is reasonable to say that the two of them are in agreement. There is no attempt to look inside their minds to find out what they are really thinking: it is what they say and do that counts. In the United States, ______ is more likely to participate in negotiation except for the principles.
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Nearly all surgical stunts stick themselves with needles and (62) instruments while in training. But (63) fail to report the injuries, (64) their health and that of their families and patients to the threat of (65) disease, according to a survey by Dr. Makary and colleagues being published today. Their being (66) was the chief reason the surgical residents (67) for the injuries, which were mostly (68) . The survey revealed that young surgeons didn’t report the potentially fatal injuries for a range of reasons. (69) a time surgeons feel that doing so would take too much time, could (70) career opportunities and might cause a loss of face among (71) . In addition, there was a (72) belief that getting even timely medical attention would not prevent infection. "It’s been long (73) , but no one truly appreciated the (74) of the problem," said Martin Makary. "Every surgeon is (75) to be on anti-HIV medications and is at risk for contracting HIV and hepatitis at far higher rates than we suspected." "Part of the surgical culture has been maintaining the patient first at all cost, and when an accident occurs in the operating room, the surgeon’s (76) inclination is to continue with the operation," he said. "But the extent of the problem is much greater than we thought. Previous estimates of injuries understate the seriousness of the problem, (77) mast of the injuries are not being recorded." "More hospitals need to do a better job in protection", Makary said. "They need more appropriate and more timely surgical systems (78) surgeons can get medical treatment immediately, not after a long (79) process that takes them away from the patient." The findings (80) the need for "immediate steps to improve safety and care for health care workers to reduce the spread of HIV and hepatitis infection," he said. The hospitals could (81) so-called "sharpies" technologies where possible, including electric scalpels, clips and glues.
Passage ThreeQuestions 32 to 35 are based on the passage you have just heard.
Staying Smart: Advice on Navigating Your Career Millions of career changes occur each year. Some are natural, but many more occur in adverse circumstances. Other forces at work today further alter the work environment. The Internet tidal wave destroys existing business methods and creates new ones. Many jobs get shaken up in the process. In 1998 the momentum of the Asian economies went from fast-forward to reverse. With their appetite for new products and services, these countries had fueled economic growth all over the world. The change in their fortunes has affected and untold number of careers throughout the world. Clearly, environmental changes like these beget strategic inflection points for companies. Even more acutely, however, they bring career inflection points to the employees of those companies.Your Career is Your Business Every person, whether he is an employee or self-employed, is like an individual business. Your career is your business, and you are its CEO. Just like the CEO of a large corporation, you must respond to market forces, head off competitors, and be alert to the possibility that what you are doing can be done in a different way. You must protect your career from harm and position yourself to benefit from changes in the operating environment. This business of one often encounters a defining point where an action you take will determine whether your career bounces upward or slumps into decline. Let’s call it a career inflection point. A career inflection point most often resets from a subtle but profound shift in the operating environment in which you work, a shift that demands that you respond with action. This action will not necessarily introduce an immediate discontinuity into your career, but it may unleash forces that in time will have a lasting and significant effect. A strategic inflection point reflects a wrenching moment in the life of a company, hot the effort of navigating through it is spread among members of a community. Career inflection points are more intense, because everything rests on the shoulders of one individual — you. Career inflection points happen to everyone. Consider the case of a business journalist I know. This man used to be a banker. He was happily and productively employed until the day he went to work and learned that his employer had been acquired by a larger bank. In short order he was out of a job. He then became a stockbroker. For a while, things went well and the future looked promising. However, a short time before we met, online brokerage firms started to appear. Several of this man’s clients left him, preferring to do their business with low-cost online firms. The handwriting was on the wall. This time our man decided to make his move early. He had always had an interest in and aptitude for writing. Building on the financial knowledge he had already acquired, he found himself a job as a business journalist, a less lucrative position but one less likely to be done in by technology. This transition was not as traumatic (痛苦而难忘的) as the move from bank to brokerage; this time he had initiated it rather than waiting for change to be forced on him by outside forces. To know whether you’re facing a career inflection point, you must be alert to changes in your environment. Working inside an organization, you’re often sheltered from the world at large. In some ways you tacitly relinquish (放弃) responsibility for your we[fare to your employer. But if you take your eyes off the environment in which your company operates, you may be the last to know of potential changes that could have an impact on your career.The Mental Fire Drill You should train yourself to look for strategic inflection points that may affect your career. Simply put, you need to be a little paranoid about your career. One way to do this is to go through a mental fire drill: Act as if you were the CEO of a large company, a CEO who is open to outside views and stimuli. Read newspapers. Attend industry conferences. Network with colleagues in other companies. Listen to chatter from colleagues and friends. When different sources all reinforce the idea that change is afoot — whether in your industry or another one — it is time to sit up and ask yourself a series of questions like these: ◇ Do these anecdotes indicate changes that might somehow apply to you ◇ What would you do if you were affected by such a change ◇ tow likely is your company to be affected by changes in your industry ◇ If you think that developments originating in other industries could have a ripple effect on your job, are you confident of learning the new ways If not, what should you do Only through this kind of vigorous debate with yourself can you determine whether you’ve reached a career inflection point. The only way to hone your ability to recognize and analyze changes is to question the tacit assumptions underlying your daily work.Timing Is Everything Success in navigating a career inflection point depends largely on a sense of timing. But you have invested a lot in getting your career to where it is and you’ve got great hopes of rising further along the current trajectory (轨道) of your career. So it’s more than likely that after asking yourself the kinds of questions listed above and deciding that a troublesome shift is underway, your whole being will probably work to try to deny that this is so. Denial can come from two wholly different sources. If you’ve been very successful in your career, the smoothness of success may keep you from recognizing danger. If you’ve just been hanging on, fear of change may make you reluctant to risk what little you have. Either way, denial can cost you time, causing you to miss the best moment for action. As in managing business, it is rare that people make career calls early. But the truth is that a change made under the benign bubble of an existing job will be far less wrenching than a change made once your career has started to decline. If you are among the first to take advantage of a career inflection point, you are likely to find the best pick of the new opportunities. Simply put, the early bird gets the worm; latecomers get leftovers.Get in Shape for Change The period between an early sense of foreboding and an actual career inflection point is valuable. Just as athletes get in shape for competition, this is your time to get in shape for change. Picture yourself in different roles. Talk to people in those kinds of jobs. Conduct a dialogue with yourself about how suited you are for a new line of work. Train your brain for the big change. Experimentation is a key way to prepare for change. This can take several different forms. For the stockbroker-turned-journalist, this meant dusting off his writing skills and contracting potential employers early. You might consider moonlighting (兼职) or going back to school part-time. You may want to ask your current employer for a new and entirely different assignment. As you experiment, avoid random motion. Don’t take blind steps just to head in a different direction. Guide yourself by your understanding of the nature of the changes that are upon on you. Look for something that allows you to use your knowledge or skills in a position that’s immune to the wave of changes you have spotted. Better yet, leek for a job that actually takes advantage of the changes. Go with the flow rather than fight it. When a corporation navigates a strategic inflection point, the CEO is called upon to describe a clear vision of the new industry map and to provide the leadership to get the organization across this valley. As CEO of your own career, you must supply the vision and commitment yourself. Arriving at the clarity of direction through a dialogue with yourself and then maintaining your conviction when you wake up in the middle of the night filled with doubts is not easy. Yet you have no choice. You have just one career. Your might take control of it with full focus and energy, and with no wavering. ______ is the most important factor that determines whether you can succeed in navigating your turning point.
2011年8月20日，文博公司与圣杰公司签订了购销合同，约定由文博公司提供10台型号为3TF6844——OCM7德国产柴油机，单价55300元，总金额为553000元，预付货款20万元，其余款项在收到货物后15日内付清，合同生效后30日内交货。文博公司负责运输，圣杰公司决定运输方式(如圣杰公司不指定，则默认为中铁快运)。合同签订后，圣杰公司于同年8月25日支付货款20万元。文博公司分别于同年9月2日、3日、6日通过中国铁路货物快运先后向圣杰公司发运5台、3台、2台柴油机，圣杰公司则于同年9月9日付货款15万元。同年9月15日。圣杰公司致电文博公司，称只接到8台柴油机，且其中有2台柴油机损坏，影响使用，请文博公司予以解决。9月16日，文博公司回函给圣杰公司。同意先调换2台柴油机给圣杰公司以满足生产需要，并要求圣杰公司如期付款。此后，文博公司未予调换柴油机，圣杰公司也未再付货款。10月10日，文博公司将其对圣杰公司请求付款的权利转让给天宇公司，并通知了圣杰公司，圣杰公司未予答复。天宇公司请求圣杰公司支付剩余货款遭到拒绝，为此诉至法院。经查，文博公司于9月6日发运的2台柴油机因不可抗力而在运输途中灭失。 根据《合同法》，关于文博公司与圣杰公司之间的关系，下列表述正确的有( )。
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