问题 问答题 案例分析题

甲公司因转产致使一台价值1千万元的精密机床闲置。该公司董事长与乙公司签订了一份机床转让合同。合同规定,精密机床作价950万元,甲公司于10月31日前交货,乙公司在交货后10天内付清款项。在交货日前,甲公司发现乙公司经营的经营状况恶化.通知乙公司中止交货并要求乙公司提供担保;乙公司予以拒绝。又过了一个月乙公司的经营状况进一步恶化,于是提出解除合同。乙公司遂向法院起诉。法院查明:1.甲公司股东会决议规定,对精密机床的处置应经股东会特别决议;2.甲公司的机床原由丙公司保管,保管期限至10月31日,保管费50万元。11月5日,甲公司将机床提走,并约定10天内付保管费,如果10天内不付保管费,丙公司可对该机床行使留置权.现丙公司要求对该机床行使留置权。依据合同法和担保法回答下列问题:

甲公司与乙公司之间转让机床的合同是否有效?为什么?

答案

参考答案:

合同有效。

根据《合同法》第50条的规定法人或者其他组织的法定代表人、负责人超越权限订立的合同,除相对人知道或者应当知道其超越权限的以外,该代表行为有效。

至于董事长违反决议而签合同的行为,应由其对其他股东承担违约(决议)责任。

阅读理解

"Make-A-Wish” is one of the world's most well-known charities(慈善机构) . It makes wishes come true for childrenwho have serious illnesses. It gives them hope and joy and helps them forget about their health problems and have fun.

It all started in 1980 in Phoenix, Arizona. Christopher was a 7-year-old boy who was very sick. He always dreamed ofbecoming a police officer. Tommy Austin and Ron Cox, two police officers, made his wish come true. They gaveChristopher a tour of the city in a police helicopter(直升飞机)and made a real police uniform(制服) for him.

There are four kinds of wishes children usually have:

I wish to go. Children usually want to travel or go to a concert, a game or a park.

I wish to meet. Children sometimes want to meet their favourite actors, singers or players.

I wish to be. Some children wish to become actors, singers or police officers.

I wish to have. They often want to have a computer, a game, a bike or many other things.

Let’shope more wishes Mill come true in the future. People who work in the charity always try for the best. Almost25 ,000 Volunteers (志愿者) help, work or give money. Will you be one of them?

小题1:"Make-A-Wish" is a charity to help _______.

A.sick children

B.serious officers

C.famous actors

D.popular singers小题2:What did the two police officers do for Christopher?

A.They gave him a computer.

B.They gave him a tour of the city.

C.They look him to a concert.

D.They took him to the hospital.小题3:Which kind of wishes does Christopher have?

A.I wish to go.

B.I wish to meet.

C.I wish to be.

D.I wish to have.小题4:The purpose of the last paragraph is to _______.

A.explain what " Make-A-Wish" is

B.encourage more people to join the charity

C.tell us how Christopher's wish came true

D.introduce different kinds of children's wishes小题5:Which of the following is TRUE according to the passage?

A.Sick children just wish to get well.

B.Christopher and Tommy are two officers.

C.A few people are working for "Make-A-Wish".

D."Make-A-Wish" has a history of over 30 years.

单项选择题