Florida Statutes Part VII - Remedies (Ss. 672.701-672.724)
- 672.701 - Remedies For Breach Of Collateral Contracts Not Impaired.
Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this chapter.History.—s....
- 672.702 - Seller’s Remedies On Discovery Of Buyer’s Insolvency.
(1) Where the seller discovers the buyer to be insolvent the seller may refuse delivery except for cash including payment for all goods theretofore delivered under...
- 672.703 - Seller’s Remedies In General.
Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect...
- 672.704 - Seller’s Right To Identify Goods To The Contract Notwithstanding Breach Or To Salvage Unfinished Goods.
(1) An aggrieved seller under the preceding section may:(a) Identify to the contract conforming goods not already identified if at the time the seller learned of the...
- 672.705 - Seller’s Stoppage Of Delivery In Transit Or Otherwise.
(1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he or she discovers the buyer to be...
- 672.706 - Seller’s Resale Including Contract For Resale.
(1) Under the conditions stated in s. 672.703 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale...
- 672.707 - “person In The Position Of A Seller.”
(1) A “person in the position of a seller” includes as against a principal an agent who has paid or become responsible for the price of...
- 672.708 - Seller’s Damages For Nonacceptance Or Repudiation.
(1) Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (s. 672.723), the measure of damages for...
- 672.709 - Action For The Price.
(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section,...
- 672.710 - Seller’s Incidental Damages.
Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of...
- 672.711 - Buyer’s Remedies In General; Buyer’s Security Interest In Rejected Goods.
(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved,...
- 672.712 - “cover”; Buyer’s Procurement Of Substitute Goods.
(1) After a breach within the preceding section the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or...
- 672.713 - Buyer’s Damages For Nondelivery Or Repudiation.
(1) Subject to the provisions of this chapter with respect to proof of market price (s. 672.723), the measure of damages for nondelivery or repudiation by...
- 672.714 - Buyer’s Damages For Breach In Regard To Accepted Goods.
(1) Where the buyer has accepted goods and given notification (s. 672.607(3)) he or she may recover as damages for any nonconformity of tender the loss...
- 672.715 - Buyer’s Incidental And Consequential Damages.
(1) Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially...
- 672.716 - Buyer’s Right To Specific Performance Or Replevin.
(1) Specific performance may be decreed where the goods are unique or in other proper circumstances.(2) The decree for specific performance may include such terms and conditions...
- 672.717 - Deduction Of Damages From The Price.
The buyer on notifying the seller of her or his intention to do so may deduct all or any part of the damages resulting from...
- 672.718 - Liquidation Or Limitation Of Damages; Deposits.
(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the...
- 672.719 - Contractual Modification Or Limitation Of Remedy.
(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages:(a) The agreement may...
- 672.720 - Effect Of “cancellation” Or “rescission” On Claims For Antecedent Breach.
Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a renunciation or...
- 672.721 - Remedies For Fraud.
Remedies for material misrepresentation or fraud include all remedies available under this chapter for nonfraudulent breach. Neither rescission or a claim for rescission of the...
- 672.722 - Who Can Sue Third Parties For Injury To Goods.
Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party...
- 672.723 - Proof Of Market Price; Time And Place.
(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any...
- 672.724 - Admissibility Of Market Quotations.
Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications...
Last modified: September 23, 2016