a) Indicate whether the issue of whether or not Tyler is a merchant is relevant under the common law, the UCC, or both. Note that I am not looking for an answer related to this specific scenario, but, rather a general answer.

b) Tyler 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. Mary Beth, not a merchant, offered to buy it for $50,000; Tyler replied that he would sell it for $51,000. Mary Beth did not reply. Later, Mary Beth 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? Note that this question is NOT asking for an argument (that is in the next part); but, simply who is going to argue for the UCC and 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 Mary Beth 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 Tyler is a merchant? Note that this question is NOT asking for an argument (that is in the next part); but, simply who is going to argue that Tyler is a merchant and why. 2. Make the argument that Tyler is a merchant. 3. Make the argument that Tyler is not a merchant