Also known as: dealers · trader · merchant
Written by attorneys · grounded in primary & secondary sources — see below
A person who buys and sells goods as part of a regular business.
Select any source to read its text and confirm it supports the definition.
Destiny Davis, a sitting judge, regularly purchased controlled substances from Dwight Dorsey who operated a steady trade in illegal narcotics. Dorsey bought and resold the substances multiple times each week as his primary source of income. The judicial conduct board found that Davis's ongoing association with Dorsey brought the judicial office into disrepute.
Dixon Foods, a wholesale produce dealer, entered a supply contract with a carrier that contained an arbitration clause. When a shipment dispute arose, Dixon Foods attempted to litigate in court. The court compelled arbitration under the clause because the dealer had agreed to it in the course of its regular buying and selling operations.
Dakota Industries, an automobile dealer, purchased vehicles from a manufacturer under a contract containing warranty disclaimers. After discovering defects, the dealer sued. The court examined whether the disclaimers were enforceable against the dealer who regularly bought and resold the vehicles in its business.
David Dawson, a securities dealer, received material nonpublic information from a corporate insider and traded on it. The SEC brought an enforcement action. The court considered whether Dawson's status as a dealer who regularly bought and sold securities for his own account triggered liability for the tip.
Dillon Energy, a dealer in energy commodities, acquired inside information about a major mineral discovery and purchased securities. The SEC sued for fraud. The court evaluated whether the dealer's regular business of buying and selling such instruments made its trades unlawful.
Davenport Pharmaceuticals, a dealer that regularly transported and sold medical supplies, required its drivers to sign arbitration agreements. When a driver sued, the company sought to compel arbitration. The court decided whether the dealer fell within the transportation-worker exemption to the Federal Arbitration Act.
A receiver qualifies as a dealer when the person operates in the business of buying or selling goods. The presumption of knowledge arises if the dealer acquires property for a price known to be far below its reasonable value.
The offense becomes a felony when the receiver operates as a dealer in stolen goods. Regular business activity of buying and selling stolen items, rather than isolated transactions, satisfies the commercial element required for the higher grade.
Yes. The Model Penal Code expressly includes a pawnbroker within the definition of dealer because the pawnbroker buys and sells goods as part of a regular business.
…price for the produce you can annually spare," he wrote, and these conditions exist "where trade flourishes and when the merchant can freely export the produce of the country" to nations that will pay the highest price. A Landholder No. 1, Connecticut Courant, Nov. 5, 1787, in 3 Documentary History of the Ratification…