The Colonial Merchant



What is a merchant? The Merriam online Webster dictionary reflects the definition found in  The Uniform Commercial Code Section 2 ss.104, and is as follows:

  1. a buyer and seller of commodities for profit: trader
  2. the operator of a retail business
  3. one that is noted for a particular quality or activity: specialist. 
We learn a merchant can be either a buyer, seller, operator or specialist. The online dictionary defines a commodity as a good or service. What was a colonial-era merchant? One online source wrote, "Historically, a merchant is anyone who is involved in business or trade". What business or trade was offered in colonial times? The answer is farmers, artisans, fur traders, canoe makers, fishermen, tavern owners, shopkeepers etc. Therefore, a merchant, buyer, seller, or specialist is offering a good or service in exchange for money. 

Contract law defines this as "an offer and an acceptance". In the case of a merchant - for example, he is offering a good or commodity for purchase to customers. For example, Peter walks into Canadian Tire to purchase a wrench. He picks out the wrench and observes its cost is $20.00. This is the offer. He thinks about whether he wants to buy a wrench for that price and decides he does. He goes to the check-out line to purchase it. This is called acceptance. However, consideration is involved. Just because he accepted the offer to buy the wrench does not make the wrench his. The consideration is money. Once the exchange takes place between the merchant and the customer, the wrench belongs to him.

Similarly, Peter may be staying at a hotel and returns to his room after he buys the wrench. The same transaction takes place between the hotel owner (merchant) and himself. An offer and an acceptance. The offer is accommodation in one of the hotel rooms. The acceptance is Peter staying in the room in exchange for consideration or money. 

What does all of this have to do with the Macphersons of Three Rivers? Everything.

 

*Photo Credit: Lessons learned by heart. Retrieved from Bing images.






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