Duncan replied to me privately (hopefully he doesn't mind me posting this to
the group:

> If you're not in the business of selling skis, probably not.
> D.
>
> >So, if I run a classified ad to sell an old pair of skis, is that a
> "public"
> >transaction?

I actually posted my question to try and get a certain list member who
claims to have a law degree to answer. He didn't do so.

Duncan comes real close to what I think is a good answer. In fact, the
Uniform Commercial Code (UCC) defines reasonably clearly what a "merchant"
is and is not. If we must have laws controlling "public" transactions, this
would provide a good model to help decide which transactions are subject to
metric regulation which ones are not.

The UCC has been adopted by 49 of 50 states (excepting Louisiana). Basically
it defines "merchant" as someone who regularly deals in the goods being
sold, or employs an expert in such goods. It does *not* apply to services at
all.

If anyone is interested, I can look up the exact section with the definition
and provide a link to it.

Jim Elwell

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