Read the following case carefully and answer the subsequent questions: ( 30 pts.) Rafic is a farmer whose job is to cultivate potatoes in his own land using simple techniques and instruments. At the end of each trimester he sells his crops to Fadi who works in the sale of food products at a rented shop (located in Beirut and opened since 2017). Fadi is also a parttime instructor at a private school. Few Months earlier, Fadi had made some improvements in his shop and bought three digital weight balances and a new car for himself, but never paid Rafic for the potatoes he purchased from him the previous trimester. Rafic filed a lawsuit against Fadi before the commercial court asking him to pay the remaining cost of the potatoes (which is equal to 150 Million Lebanese Lira). At the court, Fadi replied as follows: a. He (Fadi) is not a Merchant but rather an employee who is not registered at the commercial register and the commercial law does not apply to him. b. Rafic had not maintained the required commercial books that support his claims. Questions: 1- According to Lebanese Commercial Law; is Fadi considered a merchant? Justify by listing the conditions and requirements of merchants ( 8 pts.) 2- Is Rafic considered a Merchant? Why? (3 pts.) 3- Which court is competent to settle the dispute (civil or commercial)? why? (4pts.) 4- Who is under the obligation of maintaining commercial books? Fadi or Rafic? and what types of commercial books must he maintain? Justify... (4 pts) 5- What are the criminal penalties imposed by law on persons who do not register at the commercial register? ( 3 pts.) 6- What do you classify Fadi's act of purchasing 3 digital balances and a new car? commercial or civil? Justify your answer. (8 pts.) Questions: 1- According to Lebanese Commercial Law; is Fadi considered a merchant? Justify by listing the conditions and requirements of merchants ( 8 pts.) 2- Is Rafic considered a Merchant? Why? (3 pts.) 3- Which court is competent to settle the dispute (civil or commercial)? why? (4pts.) 4- Who is under the obligation of maintaining commercial books? Fadi or Rafic? and what types of commercial books must he maintain? Justify... (4 pts) 5- What are the criminal penalties imposed by law on persons who do not register at the commercial register? ( 3 pts.) 6- What do you classify Fadi's act of purchasing 3 digital balances and a new car? commercial or civil? Justify your answer. (8 pts.)
