Saturday, April 23, 2005

Standard Contract Terms Link

This is an interesting article on the conscionability of standard contract terms. He mentions U.S., French, German and South African contract terms. Under the reasonable expectations test of the Uniform Commercial Code

the clarity and conspicuousness of [a possibly inconsciable] term ... [are] considerations in determining knowledge of the weaker party.


Is that why U.S. standard contract terms for consumers list certain sections in caps? Do they honestly think it's easier to read?

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