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。

判断题
阅读理解

     Ask any person who is successful in whatever he or she is doing what motivates him/her, and very

likely the answer will be "goals". Goal Setting is extremely important to motivation and success. So what

motivates you? Why are you in college? If you are in college because that's what your parents want, you

may find it difficult to motivate yourself. Sure, it's possible to succeed with someone else providing the

motivation for you. ("If you graduate from college, I'll give you a car!" or worse "If you don't graduate

from college, you won't get a car.") But motivation that comes from within really makes the difference.

     Certainly, you need some intelligence, knowledge base, study skills, and time management skills, but if

you don't have motivation, you won't get far. Think about this analogy. You have a car with a full tank of

gas, a well-tuned engine, good set of tires, quadraphonic CD system, and a sleek, polished exterior(外表). There it sits. This car has incredible potential. (Have you heard that before?) However, until a driver sits

behind the wheel, puts the key in the ignition(点火装置), and cranks it up, the car doesn't function. You

guessed it; the KEY is MOTIVATION. 

     Interest is an important motivator for a student. So is a desire to learn. When you link these two things

together, you create success. Often success in an endeavor leads to more interest and a greater desire to

learn, creating an upward spiral(螺旋形) of motivation toward a goal you have established.

     So be honest with yourself. Are you genuinely interested in being in college? Have you set realistic

goals for yourself? How can you develop the internal motivation that really counts? When it comes to

motivation, KNOWING is not as important as DOING.

1. Why does the writer give the example of a car in the second paragraph?

A. Because people can never go far without a good car.

B. Because a good car motivates some college students to study harder.

C. Because a good car is a symbol of being a success.

D. Because motivation leads people to success like it starts a car.

2. What is the CORRECT understanding of the internal motivation and the external (外部的)

motivation?    

A. Only the internal motivation can result in success.    

B. Internal motivation outweighs external motivation.    

C. Internal motivation and external motivation has equal importance.    

D. External motivation is enough for people to achieve success.

3. According to the article the following factors can push people towards their goals EXCEPT

__________?

A. interest                          

B. the desire to learn        

C. the knowledge of motivation        

D. the sense of success

4.  What's the main purpose of the article?

A. To inspire everyone to develop motivation for whatever they are doing.

B. To motivate college students to set goals for their college life.

C. To imply that the less motivated college students quit the college.

D. To call on parents to give up their over-protection of their children.

5. What may be the writer's advice to the potential readers?

A. The goals you set for yourself shouldn’t be far beyond your reach.

B. You needn't attend college if you are really not interested in it.

C. You should work harder to win praise from others.

D. Honesty is the best policy to solve problems in your life.