Doctrine
Supported
The UCC operates under the law merchant, not the common law
Examining the movement claim that modern commercial law — the UCC, descended from the law merchant — is the controlling primary law for commercial transactions, with common-law contract relegated to a subordinate supplement. Properly disambiguated and cabined to the Code's scope, the claim holds: the UCC's own text makes it primary, and the rules of its commercial core are law-merchant-derived, not common-law-contract-derived. The overreach is the leap from there to 'all law is commercial.'
7 min read
May 22, 2026