问题 多项选择题

以下关于拍卖中的行为的法律性质的表述,正确的是( )

A.拍卖师的叫价是要约行为

B.竞买人应价是要约行为

C.拍卖师落槌是承诺行为

D.买受人签署成交确认书是承诺行为

答案

参考答案:B,C

解析:[考点] 拍卖中的行为的法律性质
拍卖师向不特定的竞买人叫价,其行为的实质是邀请竞买人应价,所以拍卖师的叫价是要约邀请行为。竞买人的应价行为是希望自己的出价能成为最高应价,竞买人应价有愿意受自己的应价约束的意思,并用应价的方式表现出来,所以竞买人应价的行为是要约行为。根据《拍卖法》第51条的规定,拍卖师落槌表示接受竞买人的应价,拍卖成交,所以拍卖师落槌的行为是承诺行为。成交确认书是拍卖成交的书面证明文件,签署成交确认书是对生效的要约和承诺行为的证明,所以签署成交确认书的行为不是承诺行为,而是签署承诺行为的证明书的行为。

填空题

[A] The take-up of EVs—which run entirely on electricity stored in rechargeable batteries—is seen as central to the plan to cut the transport sector’s carbon emissions, both here and across the European Union. It is predicted that we will be running a total of 800,000 EVs in Britain by 2020, and as a result the race to install a recharging infrastructure is well under way. Transport for London (TfL) recently announced it will have 1,300 EV charging points in London by 2013—more than the current number of petrol stations in the capital. The London mayor, Boris Johnson, is on the record as saying he wants to make the city the electric car capital of Europe.

[B] However, the power companies, sensing a good business opportunity, are now vying to sign up electric car-owning households with the offer of cheaper and faster off-peak home charging that will cut the time it takes to recharge the vehicle—freeing it to make more journeys, and making them more attractive to buyers. So far, EDF, British Gas, and most recently npower have said they will be targeting EV users with special home services as well as cheaper tariffs for recharging vehicles.

[C] What would make you consider buying an electric car They offer a green way to get around, with the chance to bypass petrol stations. And they are exempt from road tax and London’s congestion charge. Energy company npower (英国电力公司) this week revealed that 33% of UK drivers would think about buying an electric vehicle (EV) in the next five years, rising to 41% when the benefits were explained.

[D] But despite the introduction in January of a generous £ 5,000 government purchase grant to encourage more people to take the plunge, it’s fair to say that sales of electrically powered cars in the UK are yet to really take off. Just over 500 people took the government up on its offer in the first quarter of this year. Their high prices—typically about £ 25,000 after the grant—plus a lack of models by major carmakers and a shortage of charging points, have held back sales. However, the last two points are about to change.

[E] Speaking in Berlin last week, npower’s head of e-mobility, Phil Evans, told Guardian Money that the company sees EVs as a major opportunity, and as a result it is working on building an "upgradable" charging infrastructure that will develop as the cars’ power systems become more sophisticated.

[F] Potential buyers now have a choice of seven models in the UK, with 13 more on the way, while EDF Energy (英国电网), British Gas and npower have recently announced plans to start offering to install faster and cheaper charging points in customers’ homes, in a move they hope will help kick-start sales. The companies are banking on the fact that buyers of the latest, more consumer-friendly electric cars, such as the Nissan Leaf, are going to boost demand for electricity.

[G] Plans are also under way to increase the number of charging points at a variety of locations across the UK—and soon it will be possible for homeowners to upgrade their garages to allow faster, safer home charging. Until recently, most owners of plug-in-to-recharge electric cars have had to rely on the traditional three-point household plug, and wait about eight hours to fully recharge their vehicle at home.

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