
"A merchant making up the account" by Katsushika
HokusaiA
merchant is a businessman who
trades in commodities that he didn't produce himself, in order to earn a
profit.
Merchants can be of two types:
- A wholesale merchant operates in the chain between producer and retail merchant. Some wholesale merchants only organize the movement of goods rather than move the goods themselves.
- A retail merchant or retailer, sells commodities to consumers (including businesses). A shop owner is a retail merchant.
A merchant
class characterizes many
pre-modern societies. Its status can range from high (the members even eventually achieving titles such as that of
merchant prince or
nabob) to low, as in
Chinese culture, owing to the presumed distastefulness of profiting from "mere"
trade rather than from labor or the labor of others as in agriculture and craftsmanship.
Significance in law
In the
United States, "merchant" is defined (under the
Uniform Commercial Code) as any person while engaged in a business or profession or a seller who deals regularly in the type of goods sold. Under the
common law and the
Uniform Commercial Code in the
United States, merchants are held to a higher standard in the selling of products than those who are not engaged in the sale of goods as a profession. For example, when a merchant sells something, he or she is deemed to give an
implied warranty of merchantability, guaranteeing that the product is fit to be sold, even if there is nothing in writing to this effect. The UCC also contains a "merchant's confirmation" exception to the
Statute of Frauds.