In Re Bassett

A case ruminating on the Uniform Commercial Code and the meaning of conspicuity, and casting aspersions on the mental states of attorneys who think that this gives them carte blanche to embark upon a CAPS LOCK extravaganza.

“Lawyers who think their caps lock keys are instant ‘make conspicuous’ buttons are deluded. In determining whether a term is conspicuous, we look at more than formatting. [...] A sentence in capitals, buried deep within a long paragraph in capitals will probably not be deemed conspicuous. Formatting does matter, but conspicuousness ultimately turns on the likelihood that a reasonable person would actually see a term in an agreement. Thus, it is entirely possible for text to be conspicuous without being in capitals.”

In Re Bassett

See also