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So, 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''. | So, 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, should the passage be buried in the sort of document that, by market convention, legal eagles from all sides will examine and critique — and draft bilateral contracts in the financial services world are ''exactly'' such documents, — then there is no chance that a reasonable person<ref>The reasonable reader here is not the counterparty to the contract, but the legal counsel it has engaged to {{strike|gorge themselves on the contract’s verbosity|review the contract}} — [[legal eagles]] are ''[[implicitly]]'' “reasonable” readers — would miss it. A lawyer who doesn’t notice part of a draft, however small the font in which it is rendered, is, [[Q.E.D.]], ''[[negligent]]'', which is, [[Q.E.D.]], ''un''reasonable. | On the other hand, should the passage be buried in the sort of document that, by market convention, legal eagles from all sides will examine and critique — and draft bilateral contracts in the financial services world are ''exactly'' such documents, — then there is no chance that a reasonable person<ref>The reasonable reader here is not the counterparty to the contract, but the legal counsel it has engaged to {{strike|gorge themselves on the contract’s verbosity|review the contract}}</ref> — [[legal eagles]] are ''[[implicitly]]'' “reasonable” readers — would miss it. A lawyer who doesn’t notice part of a draft, however small the font in which it is rendered, is, [[Q.E.D.]], ''[[negligent]]'', which is, [[Q.E.D.]], ''un''reasonable. | ||
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