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Author Topic: UCC definitions of merchant  (Read 764 times)

Dicta

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UCC definitions of merchant
« on: December 31, 2004, 11:00:39 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. ???
Until you go too far, you will never know how far you can go.
TS Eliot (poorly paraphrased by myself)

duma

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Re: UCC definitions of merchant
« Reply #1 on: January 01, 2005, 11:03:38 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, 08:13:21 PM »
Thanks Duma. I hope I live long enough to take this exam. The wait is terrible....
Until you go too far, you will never know how far you can go.
TS Eliot (poorly paraphrased by myself)