Author Question: Explain how termination clauses are used on construction projects. What will be an ideal ... (Read 49 times)

mydiamond

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Explain how termination clauses are used on construction projects.
 
  What will be an ideal response?

Question 2

Explain whether patents or trademarks are protected in the global marketplace and why or why not?
 
  What will be an ideal response?



Sierray

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Answer to Question 1

In some regions of the world, owners are allowed to terminate contracts merely for their convenience even if there is no specific clause in a contract. Other governments do not allow such unilateral termination unless there is a termination clause in the contract. Some legal systems require judicial consent for owners to terminate contracts without termination clauses. If termination clauses are used, contracts should state the conditions under which an owner is allowed to terminate a contract. Some contracts state that contractors are allowed to terminate contracts if owners do not provide prompt payment, if an owner orders a long suspension of work, or if an owner files for bankruptcy. Some judicial systems do not allow parties to terminate contracts solely on the basis of the bankruptcy of the other party to a contract. Bankruptcy proceedings exist throughout the world, except in India, and they may be called: receivership, liquidation, insolvency, the assignment of assets, or reorganization (UNCITRAL, 1988).

Answer to Question 2

Patents and trademarks are only protected in the country where the patent or trademark is registered since there are no global patents and patent and trademark laws of one nation do not extend into other countries.



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