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: Fla. Dist. Ct. App. | Date Filed: 2006-02-15T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1997-03-20T23:53:00-08:00

Citation: 693 So. 2d 602

Snippet: quot;), cert. denied, 262 So.2d 446 (Fla.1972); § 672.106(1), Fla.Stat. (1995) (defining "sale"…constitutional challenge to the FDUTPA. [4] Section 672.106(1) is found in that part of Florida's Uniform

Frank Griffin Volkswagen, Inc. v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-10T23:53:00-08:00

Citation: 610 So. 2d 597

Snippet: accordance with the obligations under the contract. § 672.106(2), Fla. Stat. Griffin's argument is that, …with the obligations under the contract." § 672.106(2), Fla. Stat. (1987) (UCC § 2-106). The code defines

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Court: Fla. Att'y Gen. | Date Filed: 1988-07-14T00:53:00-07:00

Snippet: ; according to the Uniform Commercial Code, s. 672.106(1), F.S., is defined as the passing of title from… the "sale" within the meaning of s. 672.106, F.S., and not a "gift." However, the

Sellers v. Frank Griffin AMC Jeep, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-17T00:53:00-07:00

Citation: 526 So. 2d 147

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-10T23:53:00-08:00

Citation: 523 So. 2d 651

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

Konas v. Coastal Lumber Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-10-13T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1985-04-30T00:00:00-07:00

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). No. 84-603 District

Rozema v. Wilson

Court: Fla. Dist. Ct. App. | Date Filed: 1982-09-23T00:53:00-07:00

Citation: 419 So. 2d 1139

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

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Court: Fla. Att'y Gen. | Date Filed: 1982-02-10T23:53:00-08:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 1976-03-09T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1975-10-28T23:53:00-08:00

Citation: 320 So. 2d 841

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

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Court: Fla. Att'y Gen. | Date Filed: 1975-02-03T23:53:00-08:00

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

Sheppard v. Revlon, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1972-10-10T00:53:00-07:00

Citation: 267 So. 2d 662

Snippet: We reject this argument. A sale is defined in § 672.106(1), Fla. Stat., F.S.A., § 2-106 of the Uniform …Uniform Commercial Code, as follows: "672.106 Definitions: ... "(1) ... A `sale' consists in the

Martyn v. First Federal Savings & Loan Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1971-12-15T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1971-12-14T23:53:00-08:00

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