问题 单项选择题

利华有限责任公司的住所地在上海,后在北京设立了一家分公司。该分公司以自己的名义与北京某贸易公司签订了一份买卖合同。现该分公司由于无力支付贷款,与该贸易公司发生纠纷。以下说法中哪一项是正确的

A.买卖合同有效,法律责任由合同当事人独立承担

B.买卖合同有效,该合同产生的法律责任由利华公司承担

C.买卖合同有效,该合同产生的法律责任由利华公司及其分公司承担连带责任

D.买卖合同无效,因为该分公司不具有法人资格,而且无利华公司的授权

答案

参考答案:B

解析:根据《公司法》第14条的规定,公司可以设立分公司,分公司不具有企业法人资格,其民事责任由公司承担。所以,分公司与第三人订立的合同是有效的,但是由此所产生的民事责任要由公司承担,分公司不能独立承担民事责任。B项是正确的。

单项选择题
单项选择题

It is a favorite pastime of older people to lament the defects of the young. Every generation seems to be convinced that in its day, standards were higher, schools were tougher and kids were smarter. But if I.Q. scores are any measure, and even their critics agree they measure something, people are getting smarter. Researchers who study intelligence say scores around the world have been increasing so fast that a high proportion of people regarded as normal at the turn of the century would be considered way below average by today’s tests.

Psychologists offer a variety of possible explanations for the increase, including better nutrition, urbanization, more experience with test taking, and smaller families. Some even say that television and video games have made children’s brains more agile. But no explanation is without its critics, and no one can say with certainty what effects, if any, the change is having on how people lead their daily lives. It is all the more mysterious because it seems to be happening in the absence of a simultaneous increase in scores on achievement tests. One explanation for the rise is ruled out: genetics. Because the increase has taken place in a relatively short period of time, it cannot be due to genetic factors.

The worldwide pattern of rising scores in industrialized nations was discovered by Dr. James R. Flynn, now a professor at the University of Otego, New Zealand. He began looking into the subject in the 1980’s in an effort to rebut Dr. Arthur Jensen, the professor from the UC Berkeley who argued that even if the environments of blacks and whites were equalized, the 15-point gap in I. Q. scores between the races would only be partly eliminated.

As Dr. Flynn investigated, he found that I. Q. scores were going up almost everywhere he looked. Although the gap remains, Dr. Flynn said the movement in scores suggests that the gap need not be permanent. If blacks in 1995 had the same mean I. Q. that whites had in 1945, he said, it may be that the average black environment of 1995 was equivalent in quality to the average white environment of 1945. "Is that really so implausible" Dr. Flynn asked. Meanwhile, the kinds of intelligence that are promoted and respected vary from time to time, said Dr. Patricia Greenfield, a psychology professor at the UCLA. Playing computer games like Tetris promotes very different skills from reading novels. The new skills, she said, are manifested in the world. "Flynn will tell you we don’t have more Mozarts and Beethovens," Dr. Greenfield said, "I say, look at the achievements of science, like DNA. Or look at all the technological developments of this century.

We learn from the last paragraph that intelligence()

A. should be respected and promoted from time to time

B. has various forms and measurements

C. will help game players improve their skills

D. is ply influenced by the achievements like DNA