Edgar Grows Hibiscus Plants in His Back Yard to Sell

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The Answer is The UCC applies to the sale of good which are tangible and moveable from place to place by a merchant. While the facts indicate that Edgar is indeed a merchant as he is regularly engaged in the business of selling Hibiscus and the petals of the Hibiscus for 15 years, he is not a merchant as it relates to the one time sale of a t-shirt. The Hibiscus plant, planted in his back yard, is not a good, in that the roots growing in the ground mean that it is not moveable. The flower petals however, are a good because they are moveable and tangible. The UCC relates only to sale of goods and not services and therefore, will not apply to his service of advising on the proper placement in landscaping schemes. Therefore, based upon the facts and analysis above, the UCC would only apply to Edgar's sale of the Hibiscus flower petals as it is the only situation addressed above that involves a merchant selling a good. Every other situation is lacking a requirement of one of the following, that a party be a merchant, involving a sale of a good and not a service.

Edgar Grows Hibiscus Plants in His Back Yard to Sell

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Edgar Grows Hibiscus Plants in His Back Yard to Sell

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Correct Answer:
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