In a dispute over a sale involving a bicycle,Dain argues that as to this deal Emil's Hobby Shop,where Dain bought the bike,is a merchant. A court may determine whether Emil's is a merchant by assessing whether
A)it has sold any bikes within the last year.
B)it holds itself out by occupation as having knowledge or skill unique to the bike in the transaction.
C)its owner enjoys biking.
D)it subscribes to Bike,a biweekly trade magazine.

Question

Quizplus · Accepted Answer

A merchant is one who holds themselves out as having knowledge or skill unique to the goods being sold. Option A is not a reliable determinant as there could be many reasons why a merchant may not have sold any bikes within a year, while options C and D are not relevant to whether Emil's Hobby Shop is a merchant for the purpose of this transaction.

In a Dispute Over a Sale Involving a Bicycle,Dain Argues