Question

What difference does it make if the seller or buyer in a sales contract is a merchant? Explain citing the UCC.

Answer 1

UCC § 2-104 define "Merchant" means a person that deals in goods of the kind or otherwise holds itself out by occupation as having knowledge or skill peculiar to the practices or goods involved in the transaction or to which the knowledge or skill may be attributed by the person's employment of an agent or broker or other intermediary that holds itself out by occupation as having the knowledge or skill."

UCC § 2-103. define Seller" means a person that sells or contracts to sell goods.

If there is a sale between merchants, the requirements of the Statute of Frauds are met if, within a reasonable time, there is a written confirmation to the party to be charged, the party to be charged has reason to know the contents of the confirmation, and that person fails to object to the contents within 10 days of receiving it.

In the case of merchants only, Article 2 allows an exception to the Statute of Frauds requirements that is called “the merchant’s exception” . If one merchant sends a written confirmation of an oral agreement to another merchant within a reasonable time and the other merchant does not object within 10 days, the oral agreement is enforceable.