Conspicuous: Difference between revisions

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{{pe}}In a rare foray into analysis of the legal systems of [[U.S. Attorney|Johnny Foreigner]], we add a note here to shed light on WHY AMERICANS LIKE TO SPRAY THEIR LEGAL DOCUMENTS WITH LARGE SWATHES OF TEXT IN CAPITALS. IT ISN’T BECAUSE AMERICANS LIKE TO SHOUT ALL THE TIME — THOUGH YOUR CORRESPONDENT’S UNSCIENTIFIC OBSERVATIONS ON THIS TOPIC TEND TO SUGGEST THAT THEY DO, BUT BECAUSE, SO AMERICAN LAWYERS HAVE BEEN CONDITIONED TO THINK, THE [[UCC|UNIFORM COMMERCIAL CODE]] REQUIRES IT FOR SO-CALLED TERMS THAT THE CODE REQUIRES TO BE “[[CONSPICUOUS]]”.
{{a|plainenglish|[[File:New Hampshire typo.jpg|550px|thumb|right|Not [[conspicuous]] enough for the proof-readers, apparently.]]}}In a rare foray into analysis of the legal systems of [[U.S. Attorney|Johnny Foreigner]], we add a note here to shed light on WHY AMERICANS LIKE TO SPRAY THEIR LEGAL DOCUMENTS WITH LARGE SWATHES OF TEXT IN CAPITALS. IT ISN’T BECAUSE AMERICANS LIKE TO SHOUT ALL THE TIME — THOUGH YOUR CORRESPONDENT’S UNSCIENTIFIC OBSERVATIONS ON THIS TOPIC TEND TO SUGGEST THAT THEY DO, BUT BECAUSE, SO AMERICAN LAWYERS HAVE BEEN CONDITIONED TO THINK, THE [[UCC|UNIFORM COMMERCIAL CODE]] REQUIRES IT FOR SO-CALLED TERMS THAT THE CODE REQUIRES TO BE “[[CONSPICUOUS]]”.


But “[[conspicuous]]” doesn’t mean all-caps.  
But “[[conspicuous]]” doesn’t mean all-caps.  
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:''[[In Re Bassett - Case Note|In Re Bassett]]'', 285 F.3d 882, 886 (9th Cir. 2002) (''Conspicuity added'')
:''[[In Re Bassett - Case Note|In Re Bassett]]'', 285 F.3d 882, 886 (9th Cir. 2002) (''Conspicuity added'')


[[File:New Hampshire typo.jpg|550px|thumb|right|Not [[conspicuous]] enough for the proof-readers, apparently.]]
Now it is well-established in the literature that text in all caps is ''harder'' to read than ordinary text, so you might form your own opinion as to what possesses securities lawyers to render acreages of their prospectuses in a less legible way — so less legible that even their own proof-readers have trouble catching every nuance, as this example from US Nuclear Corp’s offering memorandum for a private placement of common stock illustrates.


{{Seealso}}
Now it is well-established in the literature that text in all caps is ''harder'' to read than ordinary text, so you might form your own opinion as to what possesses securities lawyers to render acres of their prospectuses in a less legible way — so less legible that even their own proof-readers have trouble catching every nuance, as the example from US Nuclear Corp’s [[offering memorandum]], in the panel, illustrates.
 
{{sa}}
*''[[In Re Bassett - Case Note|In Re Bassett]]''
*''[[In Re Bassett - Case Note|In Re Bassett]]''