Yonathan A Arbel and Andrew Toler, All-Caps (January 15, 2020), available at SSRN. A strange thing has been happening in the world of consumer contracts. ‘Contract’ is being elbowed – roughly – aside by ‘notice’. While contract requires offer, acceptance, mutual assent and consideration, notice seems to require only conspicuousness. Accordingly, it is important that we get conspicuousness right. Unfortunately, too often, we get it wrong. One of the most common ways we get it wrong, as Yonathan A Arbel and Andrew Toler explain in their article, ALL-CAPS is by relying upon the effectiveness of capitalized text. Their article, the first to test the effect of capitalized text upon consumer perception, shows that all-caps not only fails to improve the quality of consent, it may diminish it for some consumers … (more)
[Nancy Kim, JOTWELL, 6 February]
First posted 2020-02-17 06:28:55
Leave a Reply