Florida Statute 672.106 - Full Text and Legal Analysis

The 2025 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”; “hybrid transaction.”—

(1) In this chapter, unless the context clearly requires otherwise, the meaning of the terms “contract” and “agreement” is limited to those contracts and agreements relating to the present or future sale of goods. The term “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. Upon termination, all obligations that 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.

(5) The term “hybrid transaction” means a single transaction involving a sale of goods and any of the following:

(a) The provision of services.

(b) A lease of other goods.

History.—s. 1, ch. 65-254; s. 41, ch. 2025-92.

Note.—s. 2-106, U.C.C.

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Amendments to 672.106

Annotations, Discussions, Cases:

Cases Citing Statute 672.106

Total Results: 16

Delgado v. JW COURTESY PONT. GMC-TRUCK

693 So. 2d 602, 1997 WL 125902

District Court of Appeal of Florida | Filed: Mar 21, 1997 | Docket: 435042

Cited 34 times | Published

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

Sellers v. Frank Griffin AMC Jeep, Inc.

526 So. 2d 147, 1988 WL 50148

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 2180729

Cited 21 times | Published

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

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

257 So. 2d 576

District Court of Appeal of Florida | Filed: Dec 15, 1971 | Docket: 1287137

Cited 13 times | Published

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

Frank Griffin Volkswagen, Inc. v. Smith

610 So. 2d 597, 1992 WL 365476

District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1413155

Cited 10 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Mar 11, 1988 | Docket: 1517235

Cited 7 times | Published

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

1 Ucc rep.serv.2d 1115, prod.liab.rep.(cch)p 11,202 Licia McQuiston and Frankie McQuiston Her Husband v. K-Mart Corporation, a Michigan Corporation, and Indiana Glass Company, an Indiana Corporation

796 F.2d 1346

Court of Appeals for the Eleventh Circuit | Filed: Aug 28, 1986 | Docket: 793756

Cited 6 times | Published

merchant with respect to goods of that kind." Section 672.106 defines a "contract for sale" as "includ[ing]

Sheppard v. Revlon, Inc.

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

District Court of Appeal of Florida | Filed: Oct 10, 1972 | Docket: 1481556

Cited 5 times | Published

We reject this argument. A sale is defined in § 672.106(1), Fla. Stat., F.S.A., § 2-106 of the Uniform

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

328 So. 2d 213, 19 U.C.C. Rep. Serv. (West) 77

District Court of Appeal of Florida | Filed: Mar 10, 1976 | Docket: 1699690

Cited 4 times | Published

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

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

District Court of Appeal of Florida | Filed: Oct 29, 1975 | Docket: 1733822

Cited 3 times | Published

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

Rozema v. Wilson

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

District Court of Appeal of Florida | Filed: Sep 23, 1982 | Docket: 1584919

Cited 1 times | Published

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

In Re Edgerton

186 B.R. 143, 1995 Bankr. LEXIS 1275, 1995 WL 534616

United States Bankruptcy Court, M.D. Florida | Filed: Jun 20, 1995 | Docket: 1111749

Published

Fla.Stat. § 672.105(1) (1965). [5] Fla.Stat. § 672.106 (1965). [6] ". . . [T]he rule we embrace today

Konas v. Coastal Lumber Co.

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

District Court of Appeal of Florida | Filed: Oct 13, 1986 | Docket: 64622620

Published

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

McQuiston v. K-Mart Corp.

796 F.2d 1346, 1 U.C.C. Rep. Serv. 2d (West) 1115, 1986 U.S. App. LEXIS 28111

Court of Appeals for the Eleventh Circuit | Filed: Aug 14, 1986 | Docket: 66218338

Published

merchant with respect to goods of that kind.” Section 672.106 defines a “contract for sale” as “including]

Ago

Florida Attorney General Reports | Filed: Feb 11, 1982 | Docket: 3256429

Published

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

Ago

Florida Attorney General Reports | Filed: Feb 4, 1975 | Docket: 3258276

Published

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

Martyn v. First Federal Savings & Loan Ass'n

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

District Court of Appeal of Florida | Filed: Dec 15, 1971 | Docket: 64524269

Published

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