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Illinois Compiled Statutes

810 ILCS 5/2-104 (2026)

Definitions

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(810 ILCS 5/2-104) (from Ch. 26, par. 2-104)
    Sec. 2-104. Definitions. "merchant"; "between merchants"; "financing agency".
    (1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
    (2) "Financing agency" means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (Section 2-707).
    (3) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
(Source: P.A. 95-895, eff. 1-1-09.)

    
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1997–2026 · leading case: AAR Int'l, Inc. v. Vacances Heliades S.A., 202 F. Supp. 2d 788 (N.D. Ill. 2002).
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AAR Int'l, Inc. v. Vacances Heliades S.A., 202 F. Supp. 2d 788 (N.D. Ill. 2002). “See 810 ILCS 5/2-104(a) (defining "merchant”).”
Brandt v. Sarah Bush Lincoln Health Ctr., 771 N.E.2d 470 (Ill. App. Ct. 2002). “Section 2-104 defines "merchant" to mean: "[A] person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed…”
Vanguard Energy Servs., L.L.C. v. Shihadeh, 2017 IL App (2d) 160909 (Ill. App. Ct. 2017). · cites it 2× “” 810 ILCS 5/2-104(1) (West 2014). The trial court followed the interpretation of this definition set forth in Forms World of Illinois, Inc.”
Vanguard Energy Servs., L.L.C. v. Shihadeh, 2017 IL App (2d) 160909 (Ill. App. Ct. 2017). · cites it 2× “¶ 18 The question we must determine first is whether defendant is a merchant. The term “merchant” is defined in the UCC as “a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods…”
Bensdorf & Johnson, Inc. v. N. Telecom Ltd., 58 F. Supp. 2d 874 (N.D. Ill. 1999). “” 810 ILCS 5/2-104(1). According to the allegations in the complaint, this description fits both Nortel and B & J.”
Kessebohmer Retail Merchandising Inc. v. Pete's Fresh Mkt. 4700 Corp. (N.D. Ill. 2025). · cites it 2× “” 810 ILCS 5/2-104(1). “A mere consumer of goods who does not resell the goods cannot be considered a merchant.”
Larry D. Davis, Sr. v. Flagstar Companies, 124 F.3d 203 (7th Cir. 1997). · cites it 3× “10 810 ILCS 5/2-104, cmt. 2. See also County of Milwaukee, 602 F.”
Cesare v. Perma-Seal Basement Sys., Inc., 2026 IL App (3d) 250084-U (Ill. App. Ct. 2026). “3d 313, 322-23 (1999); 810 ILCS 5/2-104 (West 2006). “The test for applicability of the UCC in Illinois is whether the transaction at issue is predominantly one for the sale of goods, with services incidentally involved, or one for the rendition of services with the sale of…”
EJ Constr. 1 Corp. v. Pellegrino, 2024 IL App (3d) 240069-U (Ill. App. Ct. 2024). “2 This 2 See 810 ILCS 5/2-104(1) (defining “merchant” as “a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or 7 question is simply answered by reference to article 2’s “scope…”
Brandt v. Sarah Bush Lincoln Health Ctr. (Ill. App. Ct. 2002). “" 810 ILCS 5/2-104 (West 1998). Section 2-102 further provides that the UCC "applies to transactions in goods.”
Libertyville Toyota v. U.S. Bank (Ill. App. Ct. 2007). “” 810 ILCS 5/2-104(1) (West 2004). Here, U.”
Bank One v. Loeber Motors, Inc. (Ill. App. Ct. 1997). “" 810 ILCS 5/2-104(1) (West 1994). Bank One insists that it cannot be considered a merchant in this case because it never held itself out as a "dealer" of cars or as one "having knowledge or skill peculiar" to vehicles.”
— 810 ILCS 5/2-104(1) — 8 cases
Vanguard Energy Servs., L.L.C. v. Shihadeh, 2017 IL App (2d) 160909 (Ill. App. Ct. 2017). “” 810 ILCS 5/2-104(1) (West 2014). The trial court followed the interpretation of this definition set forth in Forms World of Illinois, Inc.”
Vanguard Energy Servs., L.L.C. v. Shihadeh, 2017 IL App (2d) 160909 (Ill. App. Ct. 2017). “¶ 18 The question we must determine first is whether defendant is a merchant. The term “merchant” is defined in the UCC as “a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods…”
Bensdorf & Johnson, Inc. v. N. Telecom Ltd., 58 F. Supp. 2d 874 (N.D. Ill. 1999). “” 810 ILCS 5/2-104(1). According to the allegations in the complaint, this description fits both Nortel and B & J.”
Kessebohmer Retail Merchandising Inc. v. Pete's Fresh Mkt. 4700 Corp. (N.D. Ill. 2025). “” 810 ILCS 5/2-104(1). “A mere consumer of goods who does not resell the goods cannot be considered a merchant.”
Larry D. Davis, Sr. v. Flagstar Companies, 124 F.3d 203 (7th Cir. 1997). “10 810 ILCS 5/2-104, cmt. 2. See also County of Milwaukee, 602 F.”
— 810 ILCS 5/2-104(3) — 1 case
Kessebohmer Retail Merchandising Inc. v. Pete's Fresh Mkt. 4700 Corp. (N.D. Ill. 2025). “” 810 ILCS 5/2-104(1). “A mere consumer of goods who does not resell the goods cannot be considered a merchant.”
— 810 ILCS 5/2-104(a) — 1 case
AAR Int'l, Inc. v. Vacances Heliades S.A., 202 F. Supp. 2d 788 (N.D. Ill. 2002). “See 810 ILCS 5/2-104(a) (defining "merchant”).”
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