题目内容

2005年6月,A市某食品公司经理李某委托去B市办事的某个体商行负责人王某将该公司的营业执照副本和盖有该公司合同专用章的空白合同书交给公司驻B市办事处的刘某。王某到BT市后,因事务缠身一直未将营业执照副本和空白合同书交到刘某手中。同年7月2日,王某从朋友处得知B市某粮油加工厂欲购买大豆,便持营业执照副本和空白合同书与加工厂签订了供应300吨大豆的合同。7月4日,加工厂按合同约定将30万元定金汇入A市工商银行王某指定的账户。后因种种原因,王某组织货源不成,致合同无法履行。加工厂便找到李某,要求食品公司承担违约责任。李某以该合同不是本公司人员所签且定金未汇人本公司账户为由,拒绝承担责任。双方争执不下,加工厂诉至法院。问:(1)本案涉及哪些民事法律关系试作简要分析。(2)食品公司是否应对王某的签约行为承担责任为什么(3)本案应如何处理

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TEXT A Bermard Bailyn has recently reinterpreted the early history of the United States by applying new social research findings on the experiences of European migrants. In his reinterpretation, migration becomes the organizing principle for rewriting the history of preindustrial North America. His approach rests on four separate propositions. The first of these asserts that residents of early modern England moved regularly about their countryside; migrating to the New World was simply a "natural spillover". Although at first the colonies held little positive attraction for the English -- they would rather have stayed home -- by the eighteenth century people increasingly migrated to America because they regarded it as the land of opportunity. Secondly, Bailyn holds that, contrary to the notion that used to flourish in American history textbooks, there was never a typical New World community. For example, the economic and demographic character of early New England towns varied considerably. Bailyn’s third proposition suggests two general patterns prevailing among the many thousand migrants: one group came as indentured servants, another came to acquire land. Surprisingly, Bailyn suggests that those who recruited indentured servants were the driving forces of transatlantic migration. These colonial entrepreneurs helped determine the social character of people who came to preindustrial North America. At first, thousands of unskilled laborers were recruited; by the 1730’s, however, American employers demanded skilled artisans. Finally, Bailyn argues that the colonies were a haft-civilized hinterland of the European culture system. He is undoubtedly correct to insist that the colonies were part of an Anglo-American empire. But to divide the empire into English core and colonial perphery, as Bailyn does, devalues the achievements of colonial culture, as Bailyn claims, that high culture in the colonies never matched that in England. But what of seventeenth-century New England, where the settlers created effective laws, built a distinguished university, and published books Bailyn might respond that New England was exceptional. However, the ideas and institutions developed by New England Puritans had powerful effects on North American culture. Although Bailyn goes on to apply his approach to some thousands of indentured servants who migrated just prior to the revolution, he fails to link their experience with the political development of the United States. Evidence presented in his work suggests how we might make such a connection. These indentured servants were treated as slaves for the period during which they had sold their time to American employers. It is not surprising that as soon as they served their time they passed up good wages in the cities and headed west to ensure their personal independence by acquiring land. Thus, it is in the west that a peculiarly American political culture began, among colonists who were suspicious of authority and intensely antiaristocrafic. The author of the passage states that Bailyn failed to ______.

A. give sufficient emphasis to the cultural and political interdependence of the colonies and England
B. take advantage of social research on the experiences of colonists who migrated to colonial North America specifically to acquire land
C. relate the experience of the migrants to the political values that eventually shaped the character of the United States
D. investigate the lives of Europeans before they came to colonial North America to determine more adequately their motivations for migrating

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