问题 单项选择题

甲为一个9岁的天才钢琴演奏家,乙演出公司得知后,通过电子邮件与甲联系,欲同甲签订演出合同,甲回复表示同意。甲的父母得知后,也发邮件通知乙公司,对甲的行为表示追认,乙公司回复表示同意。后因乙公司资金不足无力再为甲量身包装,欲反悔,遂提出甲是无民事行为能力人,其签订的合同无效。甲之父母却认为,虽然甲所签订的合同无效,但经过其追认,合同已经生效,乙公司不得反悔。则甲的父母回复乙公司邮件后,下列关于甲与乙公司之间法律关系的说法正确的是:( )

A.甲与乙公司签订的合同无效,理由是甲无缔约能力

B.甲与乙公司签订的合同效力未定,理由是甲欠缺缔约能力

C.甲与乙公司签订的合同有效,理由是该合同实际上是父母代理他签订的合同

D.甲与乙公司签订的合同有效,理由是得到了父母的追认

答案

参考答案:C

解析: 根据《民法通则》第12条第2款规定:“不满十周岁的未成年人是无民事行为能力人,由他的法定代理人代理民事活动。”本题中,甲为无民事行为能力人,其与乙公司签订的演出合同应属于无效行为,但该行为可以由其法定代理人代理其进行。甲的父母对该合同的追认并非追认,而是代理行为,经过甲的父母的代理,该合同成立且生效,乙公司应当遵守合同的约定,否则应负违约责任。本题答案为C。

多项选择题
单项选择题

A few milliamps of electricity can cause plants to increase synthesis of chemicals. These compounds often also have a pharmacological (related to medicine) or commercial value, so the trick could be used to help increase yields of commercially useful biologicals. Artemisinic acid, from sweet wormwood, for example, is used in malarial medications, and shikonin (紫草素), from the purple gromwell plant, is used against skin infections.

Researchers have long known that stressing plants can force them to take defensive action, often ramping up the production of protective chemicals that, for example, make them more resistant to insect attack. It has become common practice to stress such plants into increasing their yields. This is usually clone using physical stress elicitors (诱导子), including bits of the micro-organisms that normally attack the plants, or irritants made from metallic compounds such as copper chloride. These are effective, but they come at a cost. Most elicitors are toxic to plants and can build up in tissues, making it necessary to occasionally "clean" a plant of the chemicals so they keep having the same effect.

Recently, research groups at the University of Arizona in Tucson found that the application of an electric current to the hairy roots of the poisonous herb Hyoscyamus muticus stimulated the production of the herb’s toxin hyoscyamine (天仙子胺). This unpublished finding inspired Hans Van Etten, also of the University of Arizona, and his colleagues to test sub-lethal levels of electrical currents on other plants, to assess electricity’s potential to elevate chemical production.

The researchers exposed eight different plant species (ranging from Japanese pagoda tree seedlings to pea plants) to weak electrical currents of 30 milliamps. Seven of the plants increased their production o defensive chemicals. The average boost of chemical production was 20 times, they report in Biotechnology Progress. One plant, a type of alfalfa, increased its chemical yield by 168 times. These values are very similar to those achieved using chemical elicitors, and seem to have no lethal effects-just a negative effect on growth. The treatment can be used over and over again without the build-up of any unwanted material.

The useful compounds would be very easy to harvest: they simply pour out into solution if the plants are grown hydroponically. "The fact that we can use electricity instead of toxic materials to elicit chemical production is very exciting because it means we get to look at how these chemicals form without having to constantly add and remove toxins from the system," says Van Etten. "This is a really novel and creative approach that I’ve never seen before," says plant metabolic engineer Fabricio Medina Bolivar from Arkansas State University in Jonesboro. "The possibilities for using electricity with plants in this way are absolutely tremendous.

Electricity acting on plants can be used to ()

A. take precautions against skin infections

B. increase production of useful biologicals

C. increase pharmacological and commercial value

D. make plants more resistant to attack