a) Indicate whether the issue of whether or not Brad is a merchant is relevant under the common law, the UCC, or both. b) Brad has operated a used car lot for the last 20 years. Recently, he acquired a used mobile home and put it on his used car lot for sale. Susan, not a merchant, offered to buy it for $50,000; Brad replied that he would sell it for $51,000. Susan did not reply. Later, Susan decided that she wanted out of the deal. In considering whether we have a contract or not (and for how much), consider the following specific questions:

1. Who is going to argue that this transaction is covered by the UCC? Why?

2. Make the argument that the UCC applies.

3. Make the argument that the common law applies.

c) For the rest of this question, assume that Susan no longer wants out of the contract and the UCC does apply. Therefore, the issue is not whether we have a contract or not; but, whether it is for $50,000 or $51,000. 1. Who is going to argue that Brad is a merchant? 2. Make the argument that Brad is a merchant. 3. Make the argument that Brad is not a merchant.