Also known as: mercantile agents · factor
Written by attorneys · grounded in primary & secondary sources — see below
A person authorized to buy or sell goods on behalf of a principal in the ordinary course of business.
Select any source to read its text and confirm it supports the definition.
Melissa Mills, acting as mercantile agent for Magnolia Foods, sold inventory located in State B to a buyer in State A. When a title dispute arose, the court examined whether Mills possessed authority to transfer the goods in the ordinary course of business. The agent's authority under State B rules determined whether good title passed.
Ming Ma, a mercantile agent for Morgan Financial, sold securities on behalf of the principal. The jury had to decide whether Ma's sale was a substantial factor in the harm to the principal. Apportionment of liability between Ma and other causes followed from that finding.
Monica Morgan, mercantile agent for Marathon Logistics, misrepresented shipment capacity while selling goods to secure a contract. The principal suffered pecuniary loss when the buyer justifiably relied on the false statement. The agent's reliance-inducing misrepresentation exposed the principal to liability.
Mustafa Mahmoud, mercantile agent for Momentum Capital, published a false statement about a competitor's solvency while marketing goods. The statement was a substantial factor in the competitor's lost business. Liability attached because no independent legal rule relieved the publisher of responsibility.
Malcolm McKinley, a mercantile agent, exceeded his principal's instructions when selling goods in an interstate transaction. The court examined whether Congress possessed enumerated power to regulate the underlying sale. The agent's conduct fell outside protected commercial activity under the applicable constitutional framework.
Matthew Martinez, mercantile agent for a logistics firm, testified about his authority to sell inventory in a contract dispute. The court treated the existence of the agency relationship as a factual question for the jury rather than a legal determination. This allocation affected how the agent's statements were weighed at trial.
A mercantile agent possesses independent power to bind the principal in buying or selling goods, whereas an ordinary employee typically lacks such authority unless expressly granted.
Supporting sources
…offers more protection "to cope with unforeseen difficulties than an office or clinic without such resources. . . . The factor of gestational age is of overriding importance." Thus, it was recommended that abortions in the second trimester and early abortions in the presence of existing medical complications be…