问题 单项选择题

(2005,16)张某是甲公司的业务员,长期负责与乙公司的业务往来,持有已经加盖了甲公司公章的空白合同书。后张某被甲公司辞退,但甲公司未及时收回张某所持的空白合同书。张某用盖有甲公司公章的空白合同书与乙公司签订合同。该合同属于( )。

A.有效合同

B.无效合同

C.可撤销合同

D.效力待定合同

答案

参考答案:A

解析:【真题解析】本题的考点为表见代理。根据《合同法》第49条:“行为人没有代理权、超越代理权或者代理权终止后以被代理人名义订立合同,相对人有理由相信行为人有代理权的,该代理行为有效。”张某被甲公司辞退后用盖有甲公司公章的空白合同书与乙公司签订合同的行为属于无权代理的行为。但是由于张某是甲公司的业务员,长期负责与乙公司的业务往来,同时张某在被甲公司辞退后仍持有已经加盖了甲公司公章的空白合同书,乙公司有理由相信张某仍然有代理权。因此,张某的行为构成表见代理,发生代理的法律效果,该合同属于有效合同。因此,本题应该选择A。

选择题
阅读理解

阅读理解

      Most of the movies show our relationships and our society.What's more important is that people love

to watch highs and lows of the relationships in movies.Friendship has been the favorite subject of movie

makers for a long time.Many movies are based on lovely relationships like friendship.Friendship can be

between two persons or among more than two persons.Movies based on friendship make us remember

that the relationship among friends is delicate (需要小心处理的).These movies also show how

important it is to have a true friend in life and to own the friendship.

      Friendship is described in different ways in movies.These movies show different faces of this lovely

relationship including the pleasant and interesting faces.Let us discuss how friendship is described in

movies.

      Friends share common interests: In most of the movies,it is shown that two people become friends

easily when they share some common interests.For example,two friends may be in love of the same sports,studying in the same school or living in the same neighborhood.You can see such friendship in movies such as "Harry Potter" and "Lord of Rings".Harry Potter has two friends.All of them are interested in the use of magic.

      Friends make sacrifices (牺牲): In most of the movies,friends make sacrifices for each other.A good

example is "Sholay".In this movie,there are two friends Jay and Veeru who are there for each other till

death.Jay sacrifices his life to save his friend.

Friends never run away from difficulties: In movies,it is always shown that true friends always stand up for

their friends in times of difficulties.

      Understanding: In movies,friends understand each other without even saying a word.A single smile can brighten up the faces of all the friends.

1.Which of the following may the author accept?

A.Most movies are about relationships between friends.

B.Most movies describe stories that happen in our life.

C.Movies about friendship are popular with young men.

D.Movies always show relationships in the same way.

2.It can be inferred from Paragraph 1 that ________.

A.friendship needs skillful and careful treatment

B.people should try their best to make more friends

C.movies about friendship talk about just happiness

D.most movie makers prefer movies about friendship

3.According to the passage,how is friendship described in movies?

①Friends have something in common.

②Friends can give up something for each other.

③Friends never break up with each other.

④Friends help each other when they are in trouble.

⑤Friends understand each other.

⑥Friends get along well with each other's families.

A.②④⑤⑥  

B.①③④⑤

C.③④⑤⑥ 

D.①②④⑤

4.Which of the following opinions agrees with the passage?             

A.Friends must part in the end.

B.A good book is a good friend.

C.A friend in need is a friend indeed.

D.A friend is easier lost than found.

5.What is mainly talked about in this passage?                 

A.Movies about friendship.

B.Friendship in movies.

C.Ways of making movies.

D.Ways of making friends.