The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 671
UNIFORM COMMERCIAL CODE: GENERAL PROVISIONS

View Entire Chapter

F.S. 671.207

671.207 Performance or acceptance under reservation of rights.—

(1) A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest,” or the like are sufficient.

(2) Subsection (1) does not apply to an accord and satisfaction.

History.—s. 1, ch. 65-254; s. 4, ch. 92-82.

Note.—s. 1-207, U.C.C.

F.S. 671.207 on Google Scholar

F.S. 671.207 on Casetext

Amendments to 671.207

Arrestable Offenses / Crimes under Fla. Stat. 671.207

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 671.207.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BURKE COMPANY, v. HILTON DEVELOPMENT COMPANY,, 802 F. Supp. 434 (N.D. Fla. 1992)

. . . . § 671.207 abrogates the common law doctrine of accord and satisfaction and, instead, provides a mechanism . . . The dispositive question for consideration by this Court is whether Section 671.207 supersedes the common . . . Based on the foregoing, there can be no doubt but that Section 1-207, or more appropriately Section 671.207 . . . Section 671.207 is Florida's counterpart to Section 1-207 of the Uniform Commercial Code. . . .

EDER J. v. YVETTE B. GERVEY INTERIORS, INC. a, 407 So. 2d 312 (Fla. Dist. Ct. App. 1981)

. . . The Second District reversed, holding that there was adequate reservation of rights under Section 671.207 . . .

T. MILLER, d b a v. E. JUNG L., 361 So. 2d 788 (Fla. Dist. Ct. App. 1978)

. . . We hold that Section 671.207, Florida Statutes (1977) precludes the conclusion reached by the trial court . . . Section 671.207 is a part of the Uniform Commercial Code. . . . Section 671.207, Florida Statutes (1977) in this instance frees up or minimizes impediments to the flow . . .