In a dispute over a sales contract involving skis,Dave argues that as to this deal,Elle is a merchant.A court may determine whether Elle is a merchant by assessing whether she
A)enjoys skiing.
B)has sold any skis within the last year.
C)holds herself out by occupation as having knowledge or skill unique to the skis in the transaction.
D)subscribes to Skis,a biweekly trade magazine.

Question

Quizplus · Accepted Answer

According to the Uniform Commercial Code, a merchant is someone who deals in goods of the kind involved in the sales contract, and who has knowledge or skill unique to those goods. Holding oneself out by occupation as having such knowledge or skill is one of the key factors in determining whether someone is a merchant. Enjoying skiing or subscribing to a ski magazine are not necessarily indicative of being a merchant, and selling skis within the last year may or may not be relevant depending on whether Elle regularly engages in such sales.

In a Dispute Over a Sales Contract Involving Skis,Dave Argues