问题 问答题 简答题

承诺的有效要件

答案

参考答案:

1.承诺须由受要约人或其代理人作出

2.承诺必须向要约人或其代理人作出

3.承诺须在要约的有效期内作出.对此认定应依据如下情形具体确定:

(1)要约定有承诺期限的必须在承诺期限内到达

(2)要约没有定有承诺期限的应当在合理的期限内到达:①要约以对话方式作出的,承诺人即时作出承诺的意思表示,承诺生效,若不即时作出要约即归于失效.②要约以非对话方式作出的,所谓合理期限应当综合考虑要约到达受要约人的时间.受要约人考虑的时间(依合同的性质不同而不同).承诺到达要约人的时间等.

4.承诺须与要约的实质内容一致:

(1)受要约人对要约的内容进行实质性变更而进行承诺的为新要约.

(2)有关合同标的.数量.质量.价款或报酬.履行期限.履行地点和方式.违约责任和解除争议方法等的变更,是对要约内容有实质性变更.承诺对要约的内容作出.

(3)非实质性变更的,除要约人及时表示反对或要约表明承诺不得对要约的内容作出任何变更的以外,该承诺有效,合同的内容以承诺的内容为准.

填空题

Of all the employed workers in the United States, 12.5 million are part of a temporary workforce. The United States Bureau of Labor Statistics counts 9.2 percent of workers as those who have______(1) they term "alternative employment arrangements." The government predicts that temporary staffing agencies______(2) experience growth of 49 percent by 2010. If numbers increase at the rate ______ (3), these companies will add 1.9 million new jobs by 2010. That’’s more than any______(4) industry.Temporary workers were the first ones to be affected by the recent economic recession, but they are______(5) to be the first to regain positions as the economy picks up and companies work to rebuild. Employers use temporary workers as a resource because_______(6) offer flexibility and come at a low cost. Many temporaries are categorized as "independent contractors" instead of employees,______(7) allows the employer to avoid______(8) certain taxes. Because they are not required to offer benefits to temporary workers, companies can save a great deal of money by hiring temps. Usually, temporary workers can qualify_______(9) benefits if they work for a staffing company for a certain length of time. Most temps, however, do not continue with one company long______(10) to qualify for them because they regard the position as a step on the ladder to a______(11) position later.According to Richard Wahlquist, president of the American Staffing Association, 75_______(12) of temporary workers hope for transition out of the temporary staffing category______(13) a period of time. Wahlquist finds that temporary workers spend about 11 weeks on various assignments before their______(14) out of the temporary workforce. Many use temporary positions to gain experience and skills______(15) they move on to better jobs. Wahlquist says that the temp workforce as a whole turns______(16) 400 percent each year.Tom Dilworth, research director at the Employment Policies Institute, explains______(17) some workers like having temporary jobs______(18) it affords them a great deal of elasticity with time and everything. Some temps only have a limited______(19) of time to work and temp agencies can help coordinate jobs to fit their schedules. Other sometimes-employees use temporary jobs to get an______(20) to a company from the inside, to get a foot in the door of a certain business or career._______(21) others take temporary positions in hopes their employers will change them over to permanent positions eventually.Nearly all the industries in the United States use temporary workers.______(22) to Tim Costello, coordinator of the North American Alliance for Fair Employment, the growth of temporary labor threatens______(23) job security of permanent workers who fear replacement, as well as the temps who are more accustomed to turnover. He predicts that there will continue to______(24) a gradual shift from permanent employees to contingent staffing, and that such a_____(25) in workplace demographics will "lead to lower wages, poorer working conditions, and more instability."

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