M Civ JI 113.03 Trade or Commerce-Definition

When I use the term “trade or commerce” I mean the conduct of a business providing goods, property, or service primarily for personal, family, or household purposes. [ “Trade or commerce” includes the advertising, solicitation, offering for sale or rent, sale, lease, or distribution of a service or property, tangible or intangible, real, personal, or mixed, or any other article, or a business opportunity. ] [ “Trade or commerce” does not include the purchase or sale of a franchise, but does include pyramid promotional schemes. ]

Note on Use

Use only if there is an issue concerning whether defendant was acting in trade or commerce. Use the bracketed language only if appropriate. If a franchise, or pyramid promotional scheme is involved, additional instructions defining those terms may be necessary. Those instructions should be based on the definitions found in the Franchise Investment Law, MCL 445.1502 and the Pyramid Promotional Scheme Act, MCL 445.2582.

Comment

MCL 445.902(g).

History

Added July 2012. Amended July 2019.