The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.708

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 nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this chapter (s. 672.710), but less expenses saved in consequence of the buyer’s breach.

(2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this chapter (s. 672.710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

History.—s. 1, ch. 65-254.

Note.—s. 2-708, U.C.C.

F.S. 672.708 on Google Scholar

F.S. 672.708 on Casetext

Amendments to 672.708

Arrestable Offenses / Crimes under Fla. Stat. 672.708

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.708.

Annotations, Discussions, Cases:

Cases from cite.case.law:

S S PACKING, INC. v. SPRING LAKE RATITE RANCH, INC. d. b. a., 702 F. App'x 874 (11th Cir. 2017)

. . . . § 672.708 (specifying that a seller’s damages are calculated with respect to the prevailing market . . .

FLORIDA RECYCLING SERVICES, INC. v. PETERSEN INDUSTRIES, INC., 858 So. 2d 1114 (Fla. Dist. Ct. App. 2003)

. . . Petersen sought damages for $7873.65 in lost profits pursuant to the Uniform Commercial Code, section 672.708 . . . This includes lost profits under section 672.708(2) and incidental damages under section 672.710. . . .

In JW ALUMINUM COMPANY,, 200 B.R. 64 (Bankr. M.D. Fla. 1996)

. . . $1,683,156, is calculated pursuant to section 2-708(1) of the U.C.C., adopted in Florida as section 672.708 . . .

In SAV- A- STOP INCORPORATED, SAV- A- STOP INCORPORATED, v. MAYFAIR SUPER MARKETS, INC., 119 B.R. 317 (Bankr. M.D. Fla. 1990)

. . . . § 672.708(2) is uniquely a seller’s remedy. . . .

IVENS CORPORATION, a v. HOB CIE LTD. a, 555 So. 2d 425 (Fla. Dist. Ct. App. 1989)

. . . Dictrow, 85 A.D.2d 646, 445 N.Y.S.2d 406 (1981); § 672.708, Fla.Stat. (1987). . . .

FLORIDA MINING MATERIALS CORP. a v. STANDARD GYPSUM CORP. a, 550 So. 2d 47 (Fla. Dist. Ct. App. 1989)

. . . . § 672.708, Fla.Stat. (1987); Vagabond Container, Inc. v. . . .

DESIGN TIME, INC. a v. MONCO OF ORLANDO, INC. a, 518 So. 2d 454 (Fla. Dist. Ct. App. 1988)

. . . by seeking and attempting to prove its entitlement to lost profits and overhead pursuant to section 672.708 . . . Section 672.708 provides the following: Seller’s damages for nonacceptance or repudiation.— (1) Subject . . .

AL S MOTOR COMPANY v. JACKSON MARINE SALES, INC. v. FINEST AWNINGS, INC., 432 So. 2d 736 (Fla. Dist. Ct. App. 1983)

. . . basis for the smaller award made by the trial court in light of the foregoing evidence and sections 672.708 . . . Section 672.708 provides: Seller’s damages for nonacceptance or repudiation.— (1) Subject to subsection . . .

AUTOMATED MEDICAL LABORATORIES, INC. v. ARMOUR PHARMACEUTICAL COMPANY,, 629 F.2d 1118 (5th Cir. 1980)

. . . held: There is no dispute among the parties that if appellee is entitled to recover damages . .., § 672.708 . . .

VAGABOND CONTAINER, INC. v. CITY OF MIAMI BEACH,, 356 So. 2d 1266 (Fla. Dist. Ct. App. 1978)

. . . awarded, the jury should have been instructed in the following areas: lost profits, pursuant to Section 672.708 . . . (2), Florida Statutes (1975); incidental damages, pursuant to Section 672.708(2) and 710, Florida Statutes . . .

TECH CORPORATION, v. PERMUTIT COMPANY, a a Co. a k a PEABODY PETERSEN CO. f k a Co. a k a v. PERMUTIT COMPANY, a a a, 321 So. 2d 562 (Fla. Dist. Ct. App. 1975)

. . . There is no dispute among the parties that if appellee is entitled to recover damages in this case, § 672.708 . . .