Ethics DB 5
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Liberty University *
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Jan 9, 2024
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Using case 16-3 as an illustration. We see how, once the constraints of losses had been established, Stern
Oil was awarded reimbursement for its direct losses. would it have an impact whether the buyer or seller
was a merchant or not? Firstly, it is necessary to acknowledge the meaning of "Merchant" which refers
to the person who deals in goods of that kind or who, in the course of his employment, represents
himself as possessing knowledge or expertise peculiar to the practices or goods involved in the
transaction, or who may attribute such knowledge or expertise to his hiring of an agent, broker, or other
intermediary who, in the course of his employment, represents himself as possessing such knowledge or
expertise (Legal Information Institute).
Consequently, every case involving a merchant must consider the additional responsibility they have
since they claim to have knowledge or skills that a non-merchant would not. It is also necessary to
consider the merchant exemption that is included in the agreement. "The merchant exception is a rule
that applies to contracts for the sale of goods between merchants," the definition of the exception
states. An oral agreement may be binding if the terms are confirmed in writing within a reasonable
timeframe and the recipient does not object within ten days of receiving it (Charles, 1987). Considering
the conditions of the merchant agreement, it is essential to ascertain if one, both, or either of the parties
involved in a dispute are, in fact, merchants.
Attorneys representing parties in a contract dispute should check for merchant exceptions made by both
parties, as one party not being a merchant would represent a breach in the exception. Merchants hold
responsibility with their title, as they claim additional knowledge and skills due to their position. In the
case of the home baker, the neighbor (the seller) should be held responsible for damages due to a
breach of contract for delivering wrong materials.
In this case, neither party is a merchant, and the two parties have equal responsibility. The home baker
did not make an error or breach anything in a contract while ordering supplies. However, the supplier
failed to correctly ship the materials ordered, resulting in a breach in the contract and causing the home
baker a loss in profits. The Bible states that a provider is blessed even if they do not feel accountable for
the business they lost because of their error. As a result, the provider should accept moral and financial
responsibility if their error causes them to suffer. Indiscipline is the path to poverty and disgrace, but
obedience to correction brings dignity. (NIV, 2011, proverbs 13:18).
Work cited.
Holy Bible
, New International Version, NIV (2011). Published by Biblica, Inc.
Nancy J. Kippenhan (2023).
Biblical worldview edition of dynamic business
law
Adapted from dynamic Business law.
Remedies Available to Buyers and Lessees under the UCC
(mheducation.com)
Cornell university. Legal information institute (LLI)
www.law.cornell.edu
§ 2-104. Definitions:
"Merchant"; "Between Merchants"; "Financing Agency". | Uniform Commercial Code | US Law
| LII / Legal Information Institute (cornell.edu)
Charles D Onofry (1987) Villanova University Charles Widger School of Law.
The Merchant's
Exception to the Uniform Commercial Code's Statute of Frauds
The Merchant's Exception to the
Uniform Commercial Code's Statute of Frauds (villanova.edu)
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