Jump to content

What Determines if a Contract is Legible or Readable?


Recommended Posts

Are there statutes or case law that speak to this issue? I’m in California and I have not been able to find anything on this issue. It would seem to me that there should be some sort of minimum standard that describes what would determine if something is readable or not. You know, something like “must be able to be read clearly with the un-aided eye” or “must be readable with 2X magnification.”

If anyone knows anything about this issue, I’m sure there are those, besides me, that would appreciate any input you could offer.

Thanks,

rt

Link to comment
Share on other sites

Plaintiff argues that because the print size employed in the release is less than eight point, it is per se unenforceable under the holding of Conservatorship of Link (1984) 158 Cal. App.3d 138 [205 Cal. Rptr. 513]. We disagree.

In Link, supra, the appellate court dealt with a release described as five and one-half-point print that was "so small that one would conclude defendants never intended it to be read." (Id. at p. 141.) The critical language was contained in the third paragraph of the document, in a complicated 193-word sentence. (Id. at p. 143.) The court stated that "[a]s a matter of public policy, the typeface size of the crucial language in a release should be no smaller" than eight- to ten-point type generally required by the Civil Code for various contracts. (Id. at pp. 141, 142.)

Link to comment
Share on other sites

This is great info, thanks.

Now, how about readability? I'm preparing for my trial and the only copy of an alleged cardmember agreement they have is very degraded because it has been copied so many times and the only way to make out what it says is with a 10X magnifying loop (some of it is unreadable with any power magnification). I realize common sense tells you that is should be inadmissible, but I'm just wanting to make certain.

Thanks again and keep the comments coming.

rt

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.