Question

Debbie promises to sell Brian a one of a kind baseball card for $1,000. Brian says that he does not have the money right now, but will have at it his next paycheck. Debbie gives Brian a signed written notice that the offer will stay open for two months. Does it the analysis change if Debbie is a merchant seller for this to be a firm offer under the UCC?

a. Yes, such offers are not reasonable.
b. Yes, such offers are voidable.
c. Yes, such offers are void.
d. Yes, the offeror must be a merchant, pursuant to the UCC definition of merchant.
e. Yes, such offers are only valid until the sun sets.

Answer 1

Under the UCC, if Debbie is a merchant seller, her offer to sell Brian the baseball card for $1,000 and keep the offer open for two months would be considered a firm offer. The analysis changes because the offeror must be a merchant, as per the UCC definition of merchant.

Step-by-step explanation:

According to the UCC (Uniform Commercial Code), if Debbie is a merchant seller, her offer to sell Brian the baseball card for $1,000 and keep the offer open for two months would be considered a firm offer. Under the UCC, a firm offer by a merchant is binding and cannot be revoked for the specified period. This means that Debbie would be obligated to sell the baseball card to Brian for $1,000 within the two-month timeframe, even if Brian doesn't have the money right away.

This analysis changes because for this to be a firm offer under the UCC, the offeror must be a merchant, as per the UCC definition of a merchant. Therefore, option (d) is the correct answer: Yes, the offeror must be a merchant pursuant to the UCC definition of merchant.

It is important to note that a merchant seller is someone who deals in goods of the kind involved in the transaction, has knowledge or skill related to the goods, and regularly engages in the sale of such goods.

Answer 2

d. Yes, the offeror must be a merchant, pursuant to the UCC definition of merchant.

Step-by-step explanation:

The Uniform Commercial Code (UCC) establishes that firm offers can only be made by merchants. They also apply only to the sale of goods, but the baseball card is a type of good.

The problem is that Debbie is not probably a merchant. In order for her to be considered a merchant, she would need to be in the business of buying and selling baseball cards on a regular basis.