问题 问答题 简答题

关于代理的责任,法律是如何规定的?

答案

参考答案:

(1)委托书授权不明的,被代理人应当向第三人承担民事责任,代理人负连带责任。

(2)没有代理权、超越代理权或者代理权终止后的行为,只有经过被代理人的追认,被代理人才承担民事责任。未经追认的行为,由行为人承担民事责任。本人知道他人以本人名义实施民事行为而不作否认表示的,视为同意。代理人不履行职责而给被代理人造成损害的,应当承担民事责任。代理人和第三人串通,损害被代理人的利益的,由代理人和第三人负连带责任。第三人知道行为人没有代理权、超越代理权或者代理权已终止还与行为人实施民事行为给他人造成损害的,由第三人和行为人负连带责任。

(3)代理人知道被委托代理的事项违法仍然进行代理活动的,或者被代理人知道代理人的代理行为违法不表示反对的,由被代理人和代理人负连带责任。

(4)委托代理人为被代理人的利益需要转托他人代理的,应当事先取得被代理人的同意。事先没有取得被代理人同意的,应当在事后及时告诉被代理人,如果被代理人不同意,由代理人对自己所转托的人的行为负民事责任,但在紧急情况下,为了保护被代理人的利益而转托他人代理的除外。

阅读理解

Flying over a desert in an airplane, two scientists looked down with trained eyes at trees and bushes.After an hour’s flight, one of the scientists wrote in his notebook, "Look here for probable metal." Walking across hilly ground, four scientists reported, "This ground should be searched for metals." From an airplane over a hilly wasteland a scientist sent back by radio one word "Uranium".

None of the scientists had X-ray eyes: they had no magic powers for looking down below the earth’s surface.They were merely putting to use one of the newest methods of locating minerals in the ground -- using trees and plants as signs that certain minerals may lie under the ground on which the trees and plants are growing.

This newest method of searching for minerals is based on the fact that minerals deep in the earth may affect the kind of bushes and trees that grow on the surface.

At Watson Bar Creek, a mineral search group gathered bags of tree seeds.Boxes were filled with small branches from the trees.Roots were dug and put into boxes.Each bag and box was carefully marked.In a scientific laboratory the parts of the forest trees were burned to ashes and tested.Each small part was examined to learn whether there were minerals in it.

Study of the roots, branches and seeds showed no silver.But there were small amounts of gold in the roots and a little less gold in the branches and seeds.The seeds growing nearest to the tree trunk had more gold than those growing on the ends of the branches.

If the trees indicated that there was no gold in the ground, the scientists wouldn’t spare money to pay for digging into the ground.

小题1:Scientists were flying over a desert or a hilly wasteland or a mountain region to _____.

A.train their eyes

B.study the trees

C.look for gold

D.search for minerals小题2:The study of trees, branches and roots indicated that ______.

A.there were larger amounts of gold in the branches far from the tree trunk than in the seeds

B.there were smaller amounts of gold in the tree roots deep in the ground than in the branches

C.there were larger amounts of gold in the seeds growing closer to the tree trunk than in the seeds farther from it

D.there were larger amounts of gold in the branches than in the leaves on the ends of the branches小题3:Which of the following is NOT mentioned as part of a tree that can help the searchers?

A.leaves

B.roots

C.branches

D.seeds小题4:Which of the following might be the best title for this passage?

A.Scientists searching for treasure with special equipment.

B.New methods of doing geological study.

C.Gold could be found in trees and plants.

D.A new method of searching for minerals.

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