Legal Question in Business Law in Arizona
I have a question on the legal definition of Commerce. From my understanding it is buying and selling. Not and/or... Just and. It's a two part engagement. To harvest from your own and sell is not commerce. But to buy from a store and hold your stock and then to resell is commerce. Correct?
1 Answer from Attorneys
Under what context is the question arising? Simply, the definition you provided is one that defines commerce. Without knowing more about the situation, and how it might relate to what your are really concerned about, makes the simple "defining" of commerce a bit skewed as to your situation (i.e, are you concerned about interstate commerce/the commerece clause, a taxing authority of a municipality based upon commerce, being classified as a merchant under the UCC 2, etc.).
Yes, it would appear that it is a two part engagement, one is to sale and one is to buy- commerce is basically any commerecial or business exchange in any and all of its forms. In any event, your application of even your own definition seems incorrect. Harvesting your own product and selling it would still require a buyer, would it not? Thus, you have the "buy and sell" requirement and you are participated in "commerce" even if you are selling oranges grown in your own backyard.
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