问题 单项选择题

007年3月,甲公司出聘用乙为业务经理,委托其负责与丙公司的业务往来。2008年4月,甲公司将乙解聘,但未收回乙所持盖有甲公司公章的空白合同书,亦未通知丙公司。同年5月,乙以甲公司业经理的身份,持盖有甲公司公章的空白合同书,与丙公司签订了一份买卖合同,下列关于该买卖合同效力的说法中,正确的是()

A.合同无效

B.合同效力待定

C.合同有效

D.合同可变更、可撤销

答案

参考答案:C

解析:本题考核表见代理。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。

选择题
单项选择题

We assumed ethics needed the seal of certainty, else it was non-rational. And certainty was to be produced by a deductive model: the correct actions were derivable from classical first principles or a hierarchically ranked pantheon of principles. This model, though, is bankrupt.

I suggest we think of ethics as analogous to language usage. There are no univocal rules of grammar and style which uniquely determine the best sentence for a particular situation. Nor is language usage universalizable. Although a sentence or phrase is warranted in one case, it does not mean it is automatically appropriate in like circumstances. Nonetheless, language usage is not subjective.

This should not surprise us in the least. All intellectual pursuits are relativistic in just these senses. Political science, psychology, chemistry, and physics are not certain, but they are not subjective either. As I see it, ethical inquiry proceed like this: we are taught moral principles by parents, teachers, and society at large. As we grow older we become exposed to competing views. These may lead us to reevaluate presently held beliefs. Or we may find ourselves inexplicably making certain valuations, possibly because of inherited altruistic tendencies. We may "learn the hard way" that some actions generate unacceptable consequences. Or we may reflect upon our own and others’ "theories" or patterns of behavior and decide they are inconsistent. The resulting views are "tested"; we act as we think we should and evaluate the consequences of those actions on ourselves and on others. We thereby correct our mistakes in light of the test of time.

Of course people make different moral judgments; of course we cannot resolve these differences by using some algorithm which is itself beyond judgement. We have no vantage point outside human experience where we can judge right and wrong, good and bad. But then we don’t have a vantage point from where we can be philosophical relativists either.

We are left within the real world, trying to cope with ourselves, with each other, with the world, and with our own fallibility. We do not have all the moral answers; nor do we have an algorithm to discern those answers. Neither do we possess an algorithm for determining correct language usage but that does not make us throw up our hands in despair because we can no longer communicate.

If we understand ethics in this way, we can see, I think, the real value of ethical theory. Some people, talk as if ethical theories give us moral prescriptions. They think we should apply ethical principles as we. would a poultice: after diagnosing the ailment, we apply the appropriate dressing. But that is a mistake. No theory provides a set of abstract solutions to apply straightforwardly. Ethical theories are important not because they solve all moral dilemmas but because they help us notice salient features of moral problems and help us understand those problems in context.

What does the author mean by saying that we may learn moral principles "the hard way"()

A. We reevaluate our previously held beliefs as we grow older

B. We refute some moral principles only after we find them inconsistent

C. We acquire a sense of right and wrong from real life lessons

D. We act by ignoring our inherited altruistic tendencies