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Legal Definitions - conspicuous place

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Definition of conspicuous place

Conspicuous Place

In legal terms, a "conspicuous place" refers to a location where a notice, sign, or piece of information is positioned in such a way that an ordinary person would reasonably and easily notice it. The primary purpose is to ensure that important information is effectively communicated and not overlooked or hidden.

Here are some examples:

  • Retail Store Policy Change: Imagine a clothing store decides to change its return policy, reducing the return window from 30 days to 14 days. To legally inform customers of this change, the store might post a sign detailing the new policy.

    • How it illustrates the term: For this notice to be in a "conspicuous place," it should be prominently displayed at the cash registers where every customer completes their purchase, or on a large, clearly visible sign near the main entrance. Placing it on a small, easily missed flyer tucked away in a corner of the dressing room would likely *not* be considered conspicuous, as customers could reasonably miss it.
  • Public Hearing Announcement: A city council is planning a public hearing to discuss a new construction project that will impact local residents. They need to inform the community about the date, time, and location of this hearing.

    • How it illustrates the term: To be conspicuous, the announcement should be posted on the official city hall bulletin board, published in the local newspaper's public notices section, and prominently featured on the city's official website homepage. These are the places where residents would typically look for important civic information, making it reasonably likely they would see the notice.
  • Warning Sign at a Construction Site: A construction company is working on a building project next to a public sidewalk. They need to warn pedestrians about potential hazards, such as falling debris or uneven surfaces.

    • How it illustrates the term: A "conspicuous place" for such a warning sign would be at eye level, directly at the entry points to the hazardous area, and clearly visible to anyone approaching the construction zone. The sign should be large enough to read easily and not obscured by other objects or vegetation, ensuring that passersby are reasonably likely to see and understand the warning before entering the dangerous area.

Simple Definition

A "conspicuous place" is a location where a notice or document is posted that is reasonably likely to be seen by those it is intended to inform. This means the placement must be prominent and not hidden, ensuring the information is readily visible and accessible.

The law is a jealous mistress, and requires a long and constant courtship.

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