Perhaps the court is simply nodding to the fact that commercial reality is transactionally, geographically, temporally, and in other ways situationally specific. At any one time, place, and location, I one particular trade or industry, between two (or more) specific parties, with their own particular prior dealings (if any), there may be one commercial reality; but, change one or more of the foregoing factors, and commercial reality may change... whether you take the red pill or the blue pill.
Cheers,
Keith
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Keith A. Rowley
William S. Boyd Professor of Law
William S. Boyd School of Law
University of Nevada Las Vegas
4505 S. Maryland Parkway, Box 451003
Las Vegas, NV 89154-1003
Tel: (702) 895-4993
Fax: (702) 895-2482
Cell: (702) 217-8809