In the United States, the term “merchant” commonly refers to a
person or firm buying goods at a wholesale price level for sale
at retail. Under the Uniform Commercial Code (UCC), the
definition also includes some businesses not engaged in retail
trade, such as car dealers, mobile home manufacturers and even
landlords. Under any definition, merchants are considered
knowledgeable about the goods in which they trade. Because of a
robust common law heritage, and the importance of the UCC in
business today, merchants are likely to be held to a higher
standard in commercial activities than others who do not engage
in trading goods as a profession. Merchants are presumed to
offer implied warranties of “merchantability,” which are, in
fact, unwritten guarantees that products are “fit to be sold.”
This holds true regardless of any manufacturer warranty, and is
the responsibility of the merchant, even if there is no written
declaration. Because of this, the UCC specifies a “merchant’s
confirmation” exception to the Sta