In which of the following situations is the seller a merchant under Article 2 of the UCC?
A) Paul, a full-time college student, sold his textbooks to State Bookstore.
B) Randall, a part-time college student and full-time father, sold his textbooks to a friend.
C) Zompa Inc., a toy manufacturer, contracted to sell dolls to TonTon Department Store.
D) In all of the above situations the seller is a merchant.

Question

Quizplus · Accepted Answer

A merchant is defined as a person who deals in goods of the kind sold or who holds themselves out as having knowledge or skill regarding the goods being sold. Zompa Inc. is a toy manufacturer and therefore constitutes a merchant under Article 2. Choices A and B involve individuals who are not in the business of selling textbooks and do not hold themselves out as having any special knowledge or skill in regards to textbooks. Therefore, they do not meet the definition of a merchant.

In Which of the Following Situations Is the Seller a Merchant