“醒目”对于某些条款而言,指其书写、展示或呈现方式能够使作为该条款实施对象的正常人应该能够注意到该条款。
"Conspicuous", with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it.
此处的法律鉴定是相对于普通的正常人而言——正如法律上的老生常谈的“普通人”。
The legal test here is a comparison with the supposedly ordinary man—the man on the Clapham omnibus, as the legal cliché has it.
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