Law School Discussion

UCC definitions of merchant

Dicta

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UCC definitions of merchant
« on: December 31, 2004, 09:00:39 PM »
Is a computer software consultant who sometimes brokers the software he recommends considered a merchant? Would a contract for goods AND services fall under the UCC or common law (as for modifications and mirror image acceptance)? Opinions?
Wondering how to analyze this in a fact pattern (seen on prof's old test).
Believe it or not I have yet to take Contracts and Torts. Contracts scheduled for Monday and Torts cancelled almost 2 weeks ago due to bad weather.....
Thanks for any insight. ???

duma

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Re: UCC definitions of merchant
« Reply #1 on: January 01, 2005, 09:03:38 AM »
I would suggest that it depends on what the guy is doing at the time. When he just does a service, he was contracted for that. When he makes a sale, he is a merchant. If he does both at the same time, then I would apply the "predominant purpose test."


Dicta

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Re: UCC definitions of merchant
« Reply #2 on: January 01, 2005, 06:13:21 PM »
Thanks Duma. I hope I live long enough to take this exam. The wait is terrible....