问题 多项选择题

甲公司授权张某在400万元以内与乙公司签订购买A物的合同。张某与乙公司于2002年10月20日,签订800万元的A物买卖合同。10月25日,乙公司向甲公司发出传真,请求确认合同效力。 2004年11月5日,张某与甲公司联系,询问公司是否认可该合同,甲公司表示拒绝。张某即自行以本人名义与丙公司签订合同,将800万元A物买卖合同的权利义务转给丙公司。11月8日,乙公司向甲公司发出通知,撤销原合同。11月10日,甲公司见A物价格上涨,即向乙公司发出传真,确认原合同。下列关于A物价格上涨所得利益归属表述错误的有( )。

A.甲公司

B.乙公司

C.张某

D.丙公司

答案

参考答案:A,C,D

解析:张某超越代理权与乙公司订立合同,该合同即为效力待定合同,乙公司可催告甲公司在1个月内追认,在甲公司追认前,乙公司可以通知方式撤销该合同。11月8日,乙公司撤销该合同,并通知甲公司,而甲公司11月10日发出追认,该追认是无效的。张某在11月8日与丙公司签订合同,是债权债务一并转移,张某应通知并取得乙公司同意,但张某未通知,乙公司亦未同意,因而,张某与丙公司的合同对乙公司无效,因而,A物上涨所得利益归乙公司所有。参见《合同法》第48条、第49条。

解答题
单项选择题

For my proposed journey, the first priority was clearly to start learning Arabic. I have never been a linguist. Though I had traveled widely as a journalist, I had never managed to pick up more than a smattering of phrases in any tongue other than French, and even my French, was laborious for want of lengthy practice. The prospect of tackling one of the notoriously difficult languages at the age of forty, and trying to speak it well, both deterred and excited me. It was perhaps expecting a little too much of a curiously unreceptive part of myself, yet the possibility that I might gain access to a completely alien culture and tradition by this means was enormously pleasing.

I enrolled as a pupil in a small school in the center of the city. It was run by a Mr Beheit, of dapper appearance and explosive temperament, who assured me that after three months of his special treatment I would speak Arabic fluently. Whereupon he drew from his desk a postcard which an old pupil had sent him from somewhere in the Middle East, expressing great gratitude and reporting the astonishment of local Arabs that he could converse with them like a native. It was written in English. Mr Beheit himself spent most of his time coaching businessmen in French, and through the thin, partitioned walls of his school one could hear him bellowing in exasperation at some confused entrepreneur: "Non, M. Jones. Jane suis pas francais. Pas, Pas, Pas!" (No Mr. Jones, I’m NOT French, I’m not, not, NOT!). I was gratified that my own tutor, whose name was Ahmed, was infinitely softer and less public in approach.

For a couple of hours every morning we would face each other across a small table, while we discussed in meticulous detail the colour scheme of the tiny cubicle, the events in the street below and, once a week, the hair-raising progress of a window-cleaner across the wall of the building opposite. In between, hearing in mind the particular interest I had in acquiring Arabic, I would inquire the way to some imaginary oasis, anxiously demand fodder and water for my camels, wonder politely whether the sheikh was prepared to grant me audience now. It was all hard going. I frequently despaired of ever becoming anything like a fluent speaker, though Ahmed assured me that my pronunciation was above average for a Westemer. This, I suspected, was partly flattery, for there are a couple of Arabic sounds which not even a gift for mimicry allowed me to grasp for ages. There were, moreover, vast distinctions of meaning conveyed by subtle sound shifts rarely employed in English. And for me the problem was increased by the need to assimilate a vocabulary, that would vary from place to place across five essentially Arabic-speaking countries that practiced vernaculars of their own: so that the word for "people", for instance, might be nais, sah ’ab or sooken.

Each day I was mentally exhausted by the strain of a morning in school, followed by an afternoon struggling at home with a tape recorder. Yet there was relief in the most elementary forms of understanding and progress. When merely got the drift of a torrent which Ahmed had just released, I was childishly elated. When I managed to roll a complete sentence off my tongue without apparently thinking what I was saying, and it came out right, I beamed like an idiot. And the enjoyment of reading and writing the flowing Arabic script was something that did not leave me once I had mastered it. By the end of June, no-one could have described me as anything like a fluent speaker of Arabic. I was approximately in the position of a fifteen-year old who, equipped with a modicum of schoolroom French, nervously awaits his first trip to Paris. But this was something I could reprove upon in my own time. I bade farewell to Mr Beheit, still struggling to drive the French negative into the still confused mind of Mr Jones.

Which of the following is not characteristic of Mr Beheit()

A. He had a neat and clean appearance

B. He was volatile and highly emotional

C. He was very modest about his success in teaching

D. He sometimes lost his temper and shouted loudly when teaching