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王某代甲公司与乙公司签订合同的行为属于什么性质

答案

参考答案：王某的行为属于无权代理。王某没有受到甲公司委托代理，并且乙公司知道王某已辞职之事，王某的行为不能构成表见代理，属于无权代理。

解析：[考点] 无权代理
《民法通则》第63条规定，公民、法人可以通过代理人实施民事法律行为。代理人在代理权限内，以被代理人的名义实施民事法律行为；被代理人对代理人的代理行为，承担民事责任。依照法律规定或者按照双方当事人约定，应当由本人实施的民事法律行为，不得代理。可见，代理在法律上是允许的，但是代理人的代理行为必须经过被代理人的授权。而本题中，王某已经辞职，显然已经没有甲公司的授权，其代理行为属于无权代理。而且，王某的行为也构不成表见代理。根据《合同法》第49条的规定，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。而本题中，乙公司已经知道王某辞职一事，在王某代甲公司签订合同时，乙公司未要求任何委托证明，因此不能说乙公司有理由相信王某有代理权，所以王某的行为也构不成表见代理。

单项选择题

Passage Two

In 1998 consumers could purchase virtually anything over the Internet. Books, compact discs, and even stocks were available from World Wide Web sites that seemed to spring up almost daily. A few years earlier, some people had predicted that consumers accustomed to shopping in stores would be reluctant to buy things that they could not see or touch in person. For a growing number of time-starved consumers, however, shopping from their home computer was proving to be a convenient alternative to driving to the store.
A research estimated that in 1998 U.S. consumers would purchase ＄ 7.3 billion of goods over the Internet, double the 1997 total. Finding a bargain was getting easier, owing to the rise of online auctions and Web sites that did comparison shopping on the Internet for the best deal.
For all the consumer interest, retailing in cyberspace was still a largely unprofitable business, however. Internet pioneer Amazon. com, which began selling books in 1995 and later branched into recorded music and videos, posted revenue of $153.7 million in the third quarter, up from ＄ 37.9 million in the same period of 1997．Overall, however, the company’s loss widened to ＄ 45.2 million from $ 9.6 million, and analysts did not expect the company to turn a profit until 2003．Despite the great loss, Amazon com had a stock market value of many billions, reflecting investors’ optimism about the future of the industry.
Internet retailing appealed to investors because it provided an efficient means for reaching millions of consumers without having the cost of operating conventional stores with their armies of salespeople. Selling online carried its own risks, however. With so many companies competing for consumers’ attention, price competition was intense and profit margins thin or nonexistent. One video retailer sold the hit movie Titanic for ＄ 9.99, undercutting (削价) the ＄19.99 suggested retail price and losing about ＄ 6 on each copy sold．With Internet retailing still in its initial stage, companies seemed willing to absorb such losses in an attempt to establish a dominant market position.

Investors are interested in Internet retailing because______.

A．selling online involves little risk

B．Internet retailing is in its initial stage

C．they can make huge profits from it

D．it can easily reach millions of consumers
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单项选择题

机械加油机修理进应用（）。

A.防爆工具

B.专用工具

C.需要工具

D.普通工具
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