In a dispute over a sale involving a bicycle, Dain argues that as to this deal Elle's Hobby Shop, where Dain bought the bike, is a merchant. A court may determine whether Elle's is a merchant by assessing whether

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The definition of a merchant, according to the Uniform Commercial Code, includes the concept of holding oneself out as having knowledge or skill unique to the goods involved in the transaction. The fact that a merchant has sold similar goods in the past or subscribes to trade magazines is not a defining factor in determining whether they are a merchant. Enjoying biking may be a personal interest of the owner but it does not necessarily demonstrate their expertise in the sale of bicycles.

In a Dispute Over a Sale Involving a Bicycle, Dain