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LSDefine

Simple English definitions for legal terms

commercially reasonable

Read a random definition: directive to physicians

A quick definition of commercially reasonable:

Commercially reasonable means that when someone sells something, they do it in a fair and honest way that follows the usual way of doing business. For example, if a bank takes something you own because you didn't pay back a loan, they have to sell it in a way that is fair and follows the rules. If they don't, you might not have to pay them back all the money you owe.

A more thorough explanation:

Definition: Commercially reasonable, adj. (Of a property sale) conducted in good faith and in accordance with commonly accepted commercial practice. Under the UCC, a sale of collateral by a secured party must be done in a commercially reasonable manner, or the obligor's liability for any deficiency may be reduced or eliminated. UCC §§ 9-610(b), 9-626.

Examples:

  • When a company sells its old office furniture, it must do so in a commercially reasonable manner. This means that the company must follow commonly accepted commercial practices, such as advertising the sale and setting a fair price.
  • If a bank repossesses a car from a borrower who has defaulted on their loan, the bank must sell the car in a commercially reasonable manner. This means that the bank must follow commonly accepted commercial practices, such as advertising the sale and setting a fair price. If the bank does not sell the car in a commercially reasonable manner, the borrower may not be liable for any deficiency if the sale does not cover the full amount owed on the loan.

The examples illustrate that when selling property, it is important to follow commonly accepted commercial practices to ensure that the sale is conducted in good faith and is fair to all parties involved. This helps to protect the seller from liability and ensures that the buyer is getting a fair deal.

commercial loan | commercially significant noninfringing use

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