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And there is more than that: if the passage in question appears only on page 406 of an [[information memorandum]] relating to [[Wickliffe Hampton]]’s TRL300,000,000,000,000 26⅔% Subordinated Convertible Credit-Linked Bonds Due 4035 then, we humbly submit, there is ''no'' typographical contrivance in existence — or even possible in the realms of plausible science fiction, for that matter — that could be “so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it” since ''there is not a reasonable person alive who reads past the first five pages of an information memorandum anyway''. | And there is more than that: if the passage in question appears only on page 406 of an [[information memorandum]] relating to [[Wickliffe Hampton]]’s TRL300,000,000,000,000 26⅔% Subordinated Convertible Credit-Linked Bonds Due 4035 then, we humbly submit, there is ''no'' typographical contrivance in existence — or even possible in the realms of plausible science fiction, for that matter — that could be “so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it” since ''there is not a reasonable person alive who reads past the first five pages of an information memorandum anyway''. | ||
On the other hand, we find the passage buried in a document that, by unerring market convention, will be examined and critiqued by legal eagles from all sides — and draft bilateral contracts in the financial services world are ''exactly'' such documents, and the legal counsel {{ | On the other hand, we find the passage buried in a document that, by unerring market convention, will be examined and critiqued by legal eagles from all sides — and draft bilateral contracts in the financial services world are ''exactly'' such documents, and the legal counsel who {{strike|gorge themselves on their verbosity|review them}} are ''[[implicitly]]'' “reasonable” readers — then there is no chance that a reasonable person would miss it. A lawyer who doesn’t notice a clause in a contract whatever fontsize it is in is, [[Q.E.D.]], ''[[negligent]]'', which is [[Q.E.D.]] ''un''reasonable. | ||
{{sa}} | {{sa}} | ||
*''[[In Re Bassett - Case Note|In Re Bassett]]'' | *''[[In Re Bassett - Case Note|In Re Bassett]]'' | ||