The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.723

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 damages based on market price (s. 672.708 or s. 672.713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.

(2) If evidence of a price prevailing at the times or places described in this chapter is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.

(3) Evidence of a relevant price prevailing at a time or place other than the one described in this chapter offered by one party is not admissible unless and until he or she has given the other party such notice as the court finds sufficient to prevent unfair surprise.

History.—s. 1, ch. 65-254; s. 614, ch. 97-102.

Note.—s. 2-723, U.C.C.

F.S. 672.723 on Google Scholar

F.S. 672.723 on Casetext

Amendments to 672.723

Arrestable Offenses / Crimes under Fla. Stat. 672.723

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.723.

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)

. . . . § 672.723(1) (setting the appropriate time for calculating damages based on market prices in anticipatory . . .

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

. . . under § 672.713(1): “subject to the provisions of this chapter with respect to proof of market price (§ 672.723 . . .

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

. . . Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (s. 672.723 . . .

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

. . . Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (s. 672.723 . . .