Private Law Theory

“Based on the assumption that text in contracts of adhesion written in ALLCAPS is more likely to be noticed by consumers, courts are more likely to give effect to terms in ALLCAPS. They assume consent to ALLCAPS terms because the terms are deemed to have been conspicuously displayed. This assumption has never been tested … Until now. Surprise! Yonathan Arbel and Andrew Toler have determined that, at least as currently deployed, ALLCAPS text is no more effective in relaying information to consumers than ordinary text …” (more)

[Jeremy Telman, ContractsProf Blog, 4 January]

First posted 2021-01-04 13:57:51