问题 不定项选择

陈某是天津三石公司供销科长,任职期间办理了三石公司与上海三木公司之间的供销与加工等多方面的业务。1997年3月,陈某辞职后开办了六顺公司,六顺公司的办公房内存有三石公司一批设备。 1997年4月1日,陈某对三木公司讲有一批设备委托三木公司以其名义销售,销售价格确定为58万元人民币,并说明三木公司如同意,应在一个星期之内给予答复。三木公司表示同意。同时陈某将一份载有上述内容、由陈某自己签字、以三石公司为委托方的合同邮寄给三木公司。三木公司4月4日收到该合同文本签字盖章后,于4月15日用特快专递寄给陈某。陈某于4月17日收到该合同文本后,于4月 18日告知三木公司,该批设备由于存放的时间较长,有些部件可能有些问题,并讲明将于同日将该设备发送给三木公司。三木公司4月26日收到该批设备后,即与九龙公司签订了价格为50万元人民币的买卖合同,并于4月30日将该批设备交付给九龙公司。因该批设备的使用说明等资料仍在陈某处,九龙公司收到设备后多次向三木公司催要未果,致使设备无法使用,闲置库中。6月8日,一场意外的火灾将该批设备烧坏报废。

根据我国《合同法》,陈某委托三木公司销售设备的行为属于何种性质()

A.有权代理行为

B.无权代理行为

C.表见代理行为

D.效力待定的代理行为

答案

参考答案:B,C

解析:本问涉及表见代理和无权代理的范围问题。依《合同法》第49条规定,行为人没有代理权、超越代理权或者代理权终止后以被代理人名义订立合同,相对人有理由相信行为人有代理权的,该代理行为有效。本题中,陈某以三石公司为委托方的合同邮寄给三木公司,表明作为相对人的三木公司有理由相信陈某是三石公司的代理人,故该代理成立表见代理。依一般学理,无权代理包括两种,即狭义的无权代理和表见代理,故表见代理又属广义的无权代理,故本题正确选项为BC。

阅读理解

阅读理解。

      My newly-rented small apartment was far away from the centre of London and it was becoming

essential for me to find a job, so finally I spent a whole morning getting to town and putting my name

down to be considered by London Transport for a job on the underground. They were looking for

guards, not drivers. This suited me. I couldn't drive a car but thought that I could probably guard a train,

and perhaps continue to write my poems between stations. The writers Keats and Chekhov had been

doctors. T.S. Eliot had worked in a bank and Wallace Stevens for an insurance company. I'd be a

subway guard. I could see myself being cheerful, useful, a good man in a crisis. Obviously I'd be

overqualified but I was willing to forget about that in return for a steady income and travel privileges-those being particularly welcome to someone living a long way from the city centre.

     The next day I sat down, with almost a hundred other candidates, for the intelligence test. I must have

done all right because after about half an hour's wait I was sent into another room for a psychological test. This time there were only about fifty candidates. The interviewer sat at a desk. Candidates were signaled

forward to occupy the seat opposite him when the previous occupant had been dismissed, after a greater

or shorter time. Obviously the long interviews were the more successful ones. Some of the interviews

were as short as five minutes. Mine was the only one that lasted a minute and a half.

     I can remember the questions now: "Why did you leave your last job?" "Why did you leave your job

before that?" "And the one before that?" I can't recall my answers, except that they were short at first

and grew progressively shorter. His closing statement, I thought, revealed a lack of sensitivity which

helped to explain why as a psychologist, he had risen no higher than the underground railway. "You've

failed the psychological test and we are unable to offer you a position."

     Failing to get that job was my low point. Or so I thought, believing that the work was easy. Actually,

such jobs - being a postman is another one I still desire - demand exactly the sort of elementary yet

responsible awareness that the habitual dreamer is least qualified to give. But I was still far short of full

self-understanding. I was also short of cash.

1.The writer applied for the job chiefly because ________.

A. he wanted to work in the centre of London    

B. he could no longer afford to live without one

C. he was not interested in any other available job  

D. he had received some suitable training

2. The writer thought he was overqualified for the job because ________.

A. he often traveled underground

B. he had written many poems

C. he could deal with difficult situations

D. he had worked in a compa

3. The length of his interview meant that _________.

A. he was not going to be offered the job      

B. he had not done well in the intelligence test

C. he did not like the interviewer at all        

D. he had little work experience to talk about

4. What does the writer realize now that he did not realize then?

A. How unpleasant ordinary jobs can be.

B. How difficult it is to be a poet.

C. How unsuitable he was for the job.

D. How badly he did in the interview.

5. What's the writer's opinion of the psychologist?

A. He was very aggressive(有进取心的).

B. He was unhappy with his job.

C. He was quite inefficient.

D. He was rather unsympathetic.

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