问题 问答题

甲、乙大学毕业后在同一单位工作,且同住一室,乙曾购一台海尔冰箱(4200元)。因乙被派往外市工作,乙将该冰箱委托甲保管。甲与丙是好友,丙知甲曾在推销中拿过一笔不小的回扣未上缴。丙想低价购买该冰箱,并指使甲给乙写信说,该冰箱已坏,可否低价处理。乙回信说,如情况属实,可处理。甲便作价100元卖与丙,并通知乙。后乙知情,引起纠纷。
问:(1)甲、乙之间的行为在民法上应如何定性为什么
(2)本案应如何处理

答案

参考答案:(1)甲、丙的行为是无效民事行为。理由是他们恶意串通,损害乙的利益。
(2)本案应认定为无效民事行为。乙对此可要求丙返还冰箱,乙退还丙的100元货款;如丙已造成冰箱损失,乙可请求赔偿损失,对此损失由甲、丙负连带责任。

单项选择题

The simple act of surrendering a telephone number to a store clerk may seem innocuous—so much so that many consumers do it with no questions asked. Yet that one action can set in motion a cascade of silent events, as that data point is acquired, analyzed, categorized, stored and sold over and over again. Future attacks on your privacy may come from anywhere, from anyone with money to purchase that phone number you surrendered. If you doubt the multiplier effect, consider your e-mail inbox. If it’s loaded with spam, it’s undoubtedly because at some point in time you unknowingly surrendered your e-mail to the wrong Web site.

Do you think your telephone number or address are handled differently A cottage industry of small companies with names you’ve probably never heard of—like Acxiom or Merlin—buy and sell your personal information the way other commodities like corn or cattle futures are bartered. You may think your cell phone is unlisted, but if you’ve ever ordered a pizza, it might not be. Merlin is one of many commercial data brokers that advertises sale of unlisted phone numbers compiled from various sources—including pizza delivery companies. These unintended, unpredictable consequences that flow from simple actions make privacy issues difficult to grasp, and grapple with.

In a larger sense, privacy also is often cast as a tale of "Big Brother"—the government is watching you or a big corporation is watching you. But privacy issues don’t necessarily involve large faceless institutions: A spouse takes a casual glance at her husband’s Blackberry, a co-worker looks at e-mail over your shoulder or a friend glances at a cell phone text message from the next seat on the bus. While very little of this is news to anyone—people are now well aware there are video cameras and Internet cookies everywhere—there is abundant evidence that people live their lives ignorant of the monitoring, assuming a mythical level of privacy. People write e-mails and type instant messages they never expect anyone to see. Just ask Mark Foley or even Bill Gates, whose e-mails were a cornerstone of the Justice Department’s antitrust case against Microsoft.

And polls and studies have repeatedly shown that Americans are indifferent to privacy concerns. The general defense for such indifference is summed up a single phrase: "I have nothing to hide. " If you have nothing to hide, why shouldn’t the government be able to peek at your phone records, your wife see your e-mail or a company send you junk mail It’s a powerful argument, one that privacy advocates spend considerable time discussing and strategizing over.

It is hard to deny, however, that people behave different when they’re being watched. And it is also impossible to deny that Americans are now being watched more than at any time in history.

The email example shows()

A. email has become the predominant means of communication

B. careless surrendering of personal information can be harmful

C. the communication via email is replacing that via telephone

D. email will become an area for potential attacks on privacy

单项选择题 A3/A4型题