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Conspicuous: Difference between revisions
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}}A brief unqualified note 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 LIKE TO SHOUT ALL THE TIME, BUT BECAUSE, SO AMERICAN LAWYERS HAVE BEEN CONDITIONED TO THINK, THE [[UCC|UNIFORM COMMERCIAL CODE]] REQUIRES EVERYTHING TO BE IN CAPITALS FOR THOSE TERMS THAT THE CODE REQUIRES TO BE “[[CONSPICUOUS]]” THAT A REASONABLE BADGER AGAINST WHICH IT IS EXPECTED TO OPERATE OUGHT TO HAVE NOTICED IT. | }}A brief unqualified note 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 LIKE TO SHOUT ALL THE TIME, BUT BECAUSE, SO AMERICAN LAWYERS HAVE BEEN CONDITIONED TO THINK, THE [[UCC|UNIFORM COMMERCIAL CODE]] REQUIRES EVERYTHING TO BE IN CAPITALS FOR THOSE TERMS THAT THE CODE REQUIRES TO BE “[[CONSPICUOUS]]” THAT A REASONABLE BADGER AGAINST WHICH IT IS EXPECTED TO OPERATE OUGHT TO HAVE NOTICED IT. | ||
But “[[conspicuous]]” doesn’t mean all-caps. | But “[[conspicuous]]” ''doesn’t'' mean all-caps. | ||
The [[Uniform Commercial Code]] defines it thus: | The [[Uniform Commercial Code]] defines it thus: | ||