题目内容

合同生效的要件不包括()。

A. 当事人必须具有完全民事行为能力
B. 当事人意思表示真实
C. 合同标的合法
D. 合同标的须确定和可能

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法人的民事权利能力是法律赋予法人参加民事法律关系,取得民事权利、承担民事义务的资格。法人的民事权利能力与自然人的民事权利能力是不同的,其区别不包括()。

A. 范围不同
B. 起止时间不同
C. 差异程度不同
D. 实现方式不同

Jayne Cox Direct is a company that specialises in the production of bespoke sofas and chairs. Its products are advertised in most quality lifestyle. magazines. The company was started ten years ago. It grew out of a desire to provide customers with the chance to specify their own bespoke furniture at a cost that compared favourably with standard products available from high street retailers. It sells furniture directly to the end customer. Its website allows customers to select the style. of furniture, the wood it is to be made from, the type of upholstery used in cushion and seat fillings and the textile composition and pattern of the covering. The current website has over 60 textile patterns which can be selected by the customer. Once the customer has finished specifying the kind of furniture they want, a price is given. If this price is acceptable to the customer, then an order is placed and an estimated delivery date is given. Most delivery dates are ten weeks after the order has been placed. This relatively long delivery time is unacceptable to some customers and so they cancel the order immediately, citing the quoted long delivery time as their reason for cancellation.
Jayne Cox Direct orders wood, upholstery and textiles from long-established suppliers. About 95% of its wood is currently supplied by three timber suppliers, all of whom supplied the company in its first year of operation. Purchase orders with suppliers are placed by the procurement section. Until last year, they faxed purchase orders through to suppliers. They now email these orders. Recently, an expected order was not delivered because the supplier claimed that no email was received. This caused production delays. Although suppliers like working with Jayne Cox Direct, they are often critical of payment processing. On a number of occasions the accounts section at Jayne Cox Direct has been unable to match supplier invoices with purchase orders, leading to long delays in the payment of suppliers.
The sofas and chairs are built in Jayne Cox Direct’s factory. Relatively high inventory levels and a relaxed production process means that production is rarely disrupted. Despite this, the company is unable to meet 45% of the estimated delivery dates given when the order was placed, due to the required goods not being finished in time. Consequently, a member of the sales team has to telephone the customer and discuss an alternative delivery date.
Telephoning the customer to change the delivery date presents a number of problems. Firstly, contacting the customer by telephone can be difficult and costly. Secondly, many customers are disappointed that the original, promised delivery date can no longer be met. Finally, customers often have to agree a delivery date much later than the new delivery date suggested by Jayne Cox Direct. This is because customers often get less than one week’s notice of the new date and so they have to defer delivery to much later. This means that the goods have to remain in the warehouse for longer.
A separate delivery problem arises because of the bulky and high value nature of the product. Jayne Cox Direct requires someone to be available at the delivery address to sign for its safe receipt and to put the goods somewhere secure and dry. About 30% of intended deliveries do not take place because there is no-one at the address to accept delivery. Consequently, furniture has to be returned and stored at the factory. A member of the sales staff will subsequently telephone the customer and negotiate a new delivery date but, again, contacting the customer by telephone can be difficult and costly.
Delivery of furniture is made using the company’s own vans. Each of these vans follow a defined route each day of the week, irrespective of demand.
The company’s original growth was primarily due to the innovative business idea behind specifying competitively priced bespoke furniture. However, established rivals are now offering a similar service. In the face of this competition the managing director of Jayne Cox Direct has urged a thorough review of the supply chain. She feels that costs and inventory levels are too high and that the time taken from order to delivery is too long. Furthermore, in a recent customer satisfaction survey there was major criticism about the lack of information about the progress of the order after it was placed. One commented that ‘as soon as Jayne Cox Direct got my order and my money they seemed to forget about me. For ten weeks I heard nothing. Then, just three days before my estimated delivery date, I received a phone call telling me that the order had been delayed and that the estimated delivery date was now 17 June. I had already taken a day off work for 10 June, my original delivery date. I could not re-arrange this day off and so I had to agree a delivery date of 24 June when my mother would be here to receive it’.
People were also critical about after-sales service. One commented ‘I accidently stained my sofa. Nobody at Jayne Cox Direct could tell me how to clean it or how to order replacement fabrics for my sofa’. Another said ‘organising the return of a faulty chair was very difficult’.
When the managing director of Jayne Cox Direct saw the results of the survey she understood ‘why our customer retention rate is so low’.
Required:
(a) Analyse the existing value chain, using it to highlight areas of weakness at Jayne Cox Direct. (12 marks)
(b) Evaluate how technology could be used in both the upstream and the downstream supply chain to address the problems identified at Jayne Cox Direct. (13 marks)

内幕交易行为不包括()。

A. 内幕信息知情人利用内幕信息买卖证券的行为
B. 根据内幕信息建议他人买卖证券的行为
C. 内幕信息知情人向他人泄露内幕信息,使他人利用该信息获利的行为
D. 为监管人员报销因公费用的行为

能够被蛋白C灭活的凝血因子是

A. FⅦ
B. FⅦa
C. FV
D. FⅤa
E. FⅧ

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