conspicuous term or clause

conspicuous term or clause
conspicuous term or clause
A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. For example, printing in italics or boldface or contrasting color, or typing in capitals or underlined, is conspicuous. Rev. Model Bus.Corp. Act, No. 1.40.
A printed heading in capitals (as: NON-NEGOTIABLE BILL OF LADING) is conspicuous. Language in the body of a form is "conspicuous" if it is in larger or other contrasting type or color. But in a telegram any stated term is "conspicuous." Whether a term or clause is "conspicuous" or not is for decision by the court. Uniform Consumer Credit Code, No. 1.301(6); U.C.C. No. 1-201(10).
Size of type face alone does not determine whether required disclosure is "conspicuous" for purpose of Truth in Lending Act; rather, location of disclosure, and manner in which it is set off from other information, are also determinative. Robinson v. Olin Federal Credit Union, D.C.Conn., 48 B.R. 732, 740

Black's law dictionary. . 1990.

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