In which of the following situations is the seller NOT a merchant under Article 2 of the UCC?
A)Paul, a full-time college student, sold his textbooks to State Bookstore.
B)Randall, a dentist sold his car to a friend.
C)Dan sells toys and silverware at a garage sale.
D)The seller is a merchant in none of the above situations.

Question

Quizplus · Accepted Answer

A merchant is defined as someone who regularly deals in goods of the kind being sold, or holds themselves out as having specialized knowledge or skill related to the goods being sold. In situation A, State Bookstore is a merchant of books. In situation B, Randall may not be a full-time car dealer but he is still selling a car, which would be considered dealing in goods of the kind being sold. However, in situation C, Dan is simply selling items at a garage sale, which does not indicate that he regularly deals in toys and silverware or has specialized knowledge about them. Thus, he is not a merchant under Article 2 of the UCC.

In Which of the Following Situations Is the Seller NOT