Gene writes:
> On Thu, 31 May 2001, Jim Elwell wrote:
> > ...
> > So, if I run a classified ad to sell an old pair of skis, is
> that a "public"
> > transaction?
>
> Yes, but I doubt that a complaint filed with the FTC would be investigated
> unless large numbers of your ads are fraudulent.
In a later email exchange I proposed that the Uniform Commercial Code
definition of "merchant" be used to classify which transactions would be
subject to proposed metric mandates, and which ones would not.
I think that is a better solution than having all transactions that are
"public" by the definition of "offered to the general public" being subject
to such regulations.
I sent the following to another list member; perhaps others will have an
interest.
>From The National Conference of Commissioners on Uniform State Laws.
Home page: http://www.law.upenn.edu/bll/ulc/ulc.htm
November 2000 draft of UCC 2-102:
http://www.law.upenn.edu/bll/ulc/ucc2/21100.htm
(30) "Merchant" means a person that deals in goods of the kind or otherwise
by its occupation holds itself out as having knowledge or skill peculiar to
the practices or goods involved in the transaction or to which such
knowledge or skill may be attributed by its employment of an agent or broker
or other intermediary that by its occupation holds itself out as having such
knowledge or skill.
>From Utah's government web site. This section of code is dated 1965, and is
pretty much word-for-word, so it hasn't been changed in at least 35 years.
Home page: http://www.le.state.ut.us/Documents/find.htm
Current section 70A-2-104:
http://www.livepublish.le.state.ut.us/lpBin20/lpext.dll?
f=templates&fn=main-hit-h.htm&2.0
(1) "Merchant" means a person who deals in goods of the kind or
otherwise by his occupation holds himself out as having knowledge or skill
peculiar to the practices or goods involved in the transaction or to whom
such knowledge or skill may be attributed by his employment of an agent or
broker or other intermediary who by his occupation holds himself out as
having such knowledge or skill.
BTW, you can access federal and 50 states' constitutions and code at
http://www.law.cornell.edu/. With enough diligence, you will find the above
definition of "merchant" in most states codes in a section something such as
"xxx-2-104" or "xxx-2-103" or "xxx-2-102". The section number has changed as
the UCC has been updated and some sections moved and/or consolidated.
Jim Elwell
