问题 单项选择题

甲公司经常派业务员乙与丙公司订立合同。乙调离后,又持盖有甲公司公章的合同书与尚不知其已调离的丙公司订立一份合同,并按照通常做法提走货款,后逃匿。对此甲公司并不知情。丙公司要求甲公司履行合同,甲公司认为该合同与己无关,予以拒绝。下列选项哪一个是正确的

A.甲公司不承担责任

B.甲公司应与丙公司分担损失

C.甲公司应负主要责任

D.甲公司应当承担签约后果

答案

参考答案:D

解析:本题涉及表见代理问题。本题中,乙为经常代理甲公司与丙公司之间订立合同的业务员,乙在调离后,又持盖有甲公司公章的合同书与尚不知其已调离的丙公司订立合同,并按照通常做法提走货款,在这种情况下,丙公司有理由相信乙仍然享有代理权,乙的代理行为构成表见代理。因此,甲公司应该承担签约后果。本题正确选项为D。

阅读理解

D

Sydney—Mobile phone has become a problem for middle schools. Some middle schools in Australia have banned students from carrying mobile phones during school hours.

Mobile phone use among children has become a problem for the school this year. Several children have got mobile phones as Christmas gifts, and more students want them.

Mary Bluett, an official, said mobile phone use is a distraction (分心的事) to students during school hours and it also gives teachers so much trouble in their classrooms. Teachers were also saying that sometimes students might use phone messages to cheat during exams.

She said some schools had tried to ban mobile phones. Some parents felt unhappy because they couldn’t get in touch with their children.

Many teachers said students should not have mobile phones at school, but if there was a good reason, they could leave their phones at school offices. They also said there were many reasons why the students should not have mobile phones at school: they were easy to lose and were a distraction from studies.

Many people say that they understand why parents would want their children to have phones, but they think schools should let the students know when they can use their mobile phones.

78. We know from the passage that some children get mobile phones from          .

A. the makers and sellers                      B. their parents and friends

C. some other strangers                            D. some mobile phone users

79. Some parents felt unhappy because they couldn’t_________during school hours.

A. use their mobile phones                     B. leave their mobile phones

C. help the teachers with their work             D. get in touch with their children

80. The underlined word “they” in the fifth paragraph refers to_______.

A. mobile phones                               B. some messages

C. many teachers                                          D. some students

81. The topic mainly talked about in the text is___________.

A. when the students of some Australian schools can use their mobile phones

B. why the students should not use mobile phones in some Australian schools

C. whether the Australian students can have mobile phones at school

D. how some parents feel when their children should not carry mobile phones

单项选择题 A1/A2型题