问题 单项选择题

()行为,构成委托人和受托人之间的委托代理关系。

A.甲委托乙整理其书稿

B.甲委托乙银行为其进行转账结算

C.甲委托乙电脑公司计算一项数据

D.经理因公出差,指定乙为代理经理

答案

参考答案:B

解析:本题考核代理的特征。代理行为是具有法律意义的行为,只有代理人为被代理人实施的能够产生民事权利义务的行为才是代理行为。本题中,A、D两项不属于民法上的代理行为,不在双方当事人之间产生权利义务关系。代理不同于委托,委托是委托人与受托人之间为处理受托事务的合同关系。委托不直接涉及第三人,代理涉及三方当事人。因此,C项属于委托。所谓银行转账结算是指不使用现金,通过银行将款项从付款单位(或个人)的银行账户直接划转到收款单位(或个人)的银行账户的货币资金结算方式。在这种关系中,涉及三方当事人,属于代理。

完形填空
My sister and I were flying from our home in Kansas to a summer camp in Minnesota. Our plane had a two-hour       at the airport in Omaha, where I saw a toy airplane that I really       . I had $10 and I had no idea what I needed to       at camp, but I spent $8 on the airplane anyway.
When we reached the camp, I discovered that there were no showers!       , we bathed in a lake every night. I needed to buy       soap. Because the regular soap I brought had chemicals that could        the fish. The special soap cost $4 at the camp store. After buying the plane, I had $2 left, so I couldn’t buy the soap.
After a few days, I was a       . Sally, our camp teacher, asked me if I needed some soap. When I       her that I had spent my soap money on a toy airplane, she laughed and said, “You need to budget.” She then explained that a budget was a(n)       for spending money to help make sure you save enough for things you       — like soap — before you buy fun things — like       . Sally gave me her extra soap, which I       took.
When I returned home from       , I decided to make my       budget. Every week I spent time writing down everything I bought, and some weeks, I would have more in my “Money In” account        I did odd jobs (零活) around the house.
Budgeting was       , especially when my friends bought soda at the store after school and I couldn’t because I had spent all my “Want to Spend” money. But I       with it, and by the next summer, I had       enough money to buy a Paula Pilot doll at Omaha Airport, as well as       at the camp store to       Sally!
小题1:
A.restB.tripC.flightD.stop
小题2:
A.madeB.wantedC.leftD.remembered
小题3:
A.learnB.bringC.buyD.do
小题4:
A.BesidesB.HoweverC.InsteadD.Anyhow
小题5:
A.specialB.commonC.smallD.expensive
小题6:
A.catchB.raiseC.hurtD.control
小题7:
A.heroB.messC.starD.failure
小题8:
A.warnedB.toldC.suggestedD.reminded
小题9:
A.planB.ideaC.exampleD.promise
小题10:
A.loseB.gatherC.needD.hate
小题11:
A.chemicalsB.clothesC.billsD.toys
小题12:
A.fortunatelyB.cautiouslyC.unhappilyD.gratefully
小题13:
A.schoolB.airportC.campD.hospital
小题14:
A.dailyB.weeklyC.monthlyD.yearly
小题15:
A.soB.andC.becauseD.until
小题16:
A.hardB.boringC.safeD.fresh
小题17:
A.dealtB.beganC.agreedD.stuck
小题18:
A.receivedB.savedC.earnedD.borrowed
小题19:
A.fishB.waterC.soapD.soda
小题20:
A.apologize forB.call onC.care forD.pay back
选择题