Florida Statute 672.106 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.106

672.106 Definitions: “contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation.”—

(1) In this chapter unless the context otherwise requires “contract” and “agreement” are limited to those relating to the present or future sale of goods. “Contract for sale” includes both a present sale of goods and a contract to sell goods at a future time. A “sale” consists in the passing of title from the seller to the buyer for a price (s. 672.401). A “present sale” means a sale which is accomplished by the making of the contract.

(2) Goods or conduct including any part of a performance are “conforming” or conform to the contract when they are in accordance with the obligations under the contract.

(3) “Termination” occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On termination, all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.

(4) “Cancellation” occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of “termination” except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance.

History.—s. 1, ch. 65-254.

Note.—s. 2-106, U.C.C.

F.S. 672.106 on Google Scholar

F.S. 672.106 on Casetext

Amendments to 672.106

Arrestable Offenses / Crimes under Fla. Stat. 672.106

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.106.

Annotations, Discussions, Cases:

Cases Citing Statute 672.106

Total Results: 16

Jauregui v. Bobb's Piano Sales & Service, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-02-15

Citation: 922 So. 2d 303, 2006 Fla. App. LEXIS 1832, 2006 WL 335600

Snippet: the deviant goods are worth just as much. See §§ 672.106(2), .601, .608, Fla. Stat. (2005); Barrington Homes

Delgado v. JW COURTESY PONT. GMC-TRUCK

Court: District Court of Appeal of Florida | Date Filed: 1997-03-21

Citation: 693 So. 2d 602, 1997 WL 125902

Snippet: another"), cert. denied, 262 So.2d 446 (Fla.1972); § 672.106(1), Fla.Stat. (1995) (defining "sale" to consist

Frank Griffin Volkswagen, Inc. v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1992-12-11

Citation: 610 So. 2d 597, 1992 WL 365476

Snippet: accordance with the obligations under the contract. § 672.106(2), Fla. Stat. Griffin's argument is that, because

Ago

Court: Florida Attorney General Reports | Date Filed: 1988-07-14

Snippet: "sale" according to the Uniform Commercial Code, s. 672.106(1), F.S., is defined as the passing of title from

Sellers v. Frank Griffin AMC Jeep, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-05-17

Citation: 526 So. 2d 147, 1988 WL 50148

Snippet: who sells or contracts to sell goods." Section 672.106(1) defines "contract" and "contract for sale":

McCormick MacHinery, Inc. v. Julian E. Johnson & Sons, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-03-11

Citation: 523 So. 2d 651, 13 Fla. L. Weekly 640, 7 U.C.C. Rep. Serv. 2d (West) 51, 1988 Fla. App. LEXIS 5861, 1988 WL 20585

Snippet: accordance with the obligations under the contract." § 672.106. The parties' contractual obligations are determined

Konas v. Coastal Lumber Co.

Court: District Court of Appeal of Florida | Date Filed: 1986-10-13

Citation: 496 So. 2d 868, 11 Fla. L. Weekly 2153, 2 U.C.C. Rep. Serv. 2d (West) 1379, 1986 Fla. App. LEXIS 10080

Snippet: on Violetta Farm) is not at issue. . Section 672.106(1): “A ‘present sale’ means a sale which is accomplished

Rohrback v. Dauer

Court: District Court of Appeal of Florida | Date Filed: 1985-04-30

Citation: 469 So. 2d 833, 10 Fla. L. Weekly 1085, 1985 Fla. App. LEXIS 13733

Snippet: personal property. See *835§§ 620.18, 671.206(1), 672.106(1), Fla.Stats. (1983).

Rozema v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 1982-09-23

Citation: 419 So. 2d 1139, 34 U.C.C. Rep. Serv. (West) 1506

Snippet: young of the mares as "goods." Although Section 672.106(1) defines a contract or agreement as relating

Ago

Court: Florida Attorney General Reports | Date Filed: 1982-02-11

Snippet: incorporated in the Florida Statutes. Section 672.106(1), F.S., states that `[a] `sale' consists in the

Jim & Slim's Tool Supply, Inc. v. METRO COMMUN. CORP.

Court: District Court of Appeal of Florida | Date Filed: 1976-03-10

Citation: 328 So. 2d 213

Snippet: definition thereof in the Uniform Commercial Code, § 672.106, F.S. *216 1973. The statute is thus inapplicable

Barrington Homes of Florida, Inc. v. Kelley

Court: District Court of Appeal of Florida | Date Filed: 1975-10-29

Citation: 320 So. 2d 841, 18 U.C.C. Rep. Serv. (West) 103

Snippet: herein are "non-conforming" within the meaning of § 672.106, F.S. 1973 (the applicable "definitions" section

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-02-04

Snippet: metering device used to compute usage. Section 672.106(1), F.S., states that "a `sale' consists in the

Sheppard v. Revlon, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1972-10-10

Citation: 267 So. 2d 662, 11 U.C.C. Rep. Serv. (West) 487

Snippet: in § 672.106(1), Fla. Stat., F.S.A., § 2-106 of the Uniform Commercial Code, as follows: "672.106 Definitions:

Martyn v. First Federal Savings & Loan Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1971-12-15

Citation: 257 So. 2d 576, 1971 Fla. App. LEXIS 5327

Snippet: sale, according to the U.C.C., F.S.1969, section 672.106(1), F.S.A., is defined as: “A ‘sale’ consists in

Martyn v. FIRST FED. SAV. & L. ASS'N OF W. PALM BEACH

Court: District Court of Appeal of Florida | Date Filed: 1971-12-15

Citation: 257 So. 2d 576

Snippet: sale, according to the U.C.C., F.S. 1969, section 672.106(1), F.S.A., is defined as: "A `sale' consists in