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Florida Statute 672.210 - Full Text and Legal Analysis
Florida Statute 672.210 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS
Chapter 672
UNIFORM COMMERCIAL CODE: SALES
View Entire Chapter
672.210 Delegation of performance; assignment of rights.
(1) A party may perform her or his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having her or his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.
(2) Except as otherwise provided in s. 679.4061, unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on her or him by her or his contract, or impair materially her or his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor’s due performance of her or his entire obligation can be assigned despite agreement otherwise.
(3) The creation, attachment, perfection, or enforcement of a security interest in the seller’s interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer’s chance of obtaining return performance within the purview of subsection (2) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer. A court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement.
(4) Unless the circumstances indicate the contrary a prohibition of assignment of “the contract” is to be construed as barring only the delegation to the assignee of the assignor’s performance.
(5) An assignment of “the contract” or of “all my rights under the contract” or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by her or him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract.
(6) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to her or his rights against the assignor demand assurances from the assignee (s. 672.609).
History.s. 1, ch. 65-254; s. 558, ch. 97-102; s. 12, ch. 2001-198.
Note.s. 2-210, U.C.C.

F.S. 672.210 on Google Scholar

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Amendments to 672.210


Annotations, Discussions, Cases:

Cases Citing Statute 672.210

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Jeetendra L. Shukla, Individually v. Bp Expl. & Oil, Inc., A.K.A. Bp Oil Co., Petro Distrib., Inc., 115 F.3d 849 (11th Cir. 1997).

Cited 25 times | Published | Court of Appeals for the Eleventh Circuit

...Florida law provides that contractual rights may be assigned "except where the assignment would materially change the duty of the other party, or increase the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance.” Fla. StatAnn. § 672.210 (1993)....
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Cone Constructors, Inc. v. DRUMMOND COMM. BANK, 754 So. 2d 779 (Fla. 1st DCA 2000).

Cited 3 times | Published | Florida 1st District Court of Appeal | 41 U.C.C. Rep. Serv. 2d (West) 82, 2000 Fla. App. LEXIS 2928, 2000 WL 282518

...e underlying contract. We reverse the order here appealed and remand to the trial court with directions that the trial court enter an order granting appellant's motion to compel arbitration. BARFIELD, C.J.; MINER and PADOVANO, JJ., CONCUR. NOTES [1] Section 672.210(4), Florida Statutes, corresponds to U.C.C....
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Shukla v. BP Expl. & Oil (11th Cir. 1997).

Published | Court of Appeals for the Eleventh Circuit

...l rights may be assigned "except where the assignment would materially change the duty of the other party, or increase the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance." Fla.Stat.Ann. § 672.210 (1993). 5 We note that Shukla does not allege that Petro charged Shukla more for gasoline than Petro charged other independent dealers or its company stores. burden based on gasoline price increase where franchise agreement contained open price term); Cedar Brook Service Station, 746 F.Supp....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.