Armen Vartian addresses who is at risk for a coin lost in shipment

kranky

In this week's CW, the column written by lawyer Armen Vartian discussed, among other things, whether the buyer or the seller is legally on the hook if a coin is lost in shipping. His position is that the answer depends on whether the seller is a "merchant" as defined by the UCC - someone who regularly trades in the type of item.

If the seller meets the UCC definition, the seller is at risk if the coin is lost and must either replace it or refund the payment. If the seller is not a "merchant", the risk is with the buyer.

LindeDad

What is the defination of " reguraly " does this mean more that once a Day - Week- Month- or Yearly.

I reguraly celebrate my birth day, but I don't eat cake every day.

kranky

Of course that is subject to interpretation. I was thinking about all the ebay sellers who say the buyer must pay for insurance or the seller isn't responsible for non-delivery. A seller who offers coins all the time on ebay could have a tough time claiming it's the buyer's risk, if an expensive coin goes missing in shipment.

Steve27

"One in the business of purchasing and selling goods with the expectation of earning a profit. Commonly refers to a person who buys goods at a wholesale price level for sale at retail; a retailer or a trader. Under the Uniform Commercial Code (UCC), the definition of merchant may include some businesses not engaged in retail trade, such as car dealers, producers of remanufactured engines, manufacturers of mobile homes, and, with respect to the leasing of an apartment, landlords. A merchant is considered knowledgeable of the goods he trades in."

A resonable person would have to conclude that an ebay seller is a merchant.