Florida Statute 672.305 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.305

672.305 Open price term.—

(1) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if:

(a) Nothing is said as to price; or

(b) The price is left to be agreed by the parties and they fail to agree; or

(c) The price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.

(2) A price to be fixed by the seller or by the buyer means a price for her or him to fix in good faith.

(3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at her or his option treat the contract as canceled or herself or himself fix a reasonable price.

(4) Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.

History.—s. 1, ch. 65-254; s. 560, ch. 97-102.

Note.—s. 2-305, U.C.C.

F.S. 672.305 on Google Scholar

F.S. 672.305 on Casetext

Amendments to 672.305

Arrestable Offenses / Crimes under Fla. Stat. 672.305

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.305.

Annotations, Discussions, Cases:

Cases Citing Statute 672.305

Total Results: 3

Giacalone v. Helen Ellis Memorial Hospital Foundation, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-05-01

Citation: 8 So. 3d 1232, 2009 Fla. App. LEXIS 3979, 2009 WL 1162856

Snippet: parties"); cf. 19A Fla. Stat. Ann. 218 (1993) (§ 672.305(2): "A price to be fixed by the seller or by the

Acosta v. District Bd. of Trustees

Court: District Court of Appeal of Florida | Date Filed: 2005-05-25

Citation: 905 So. 2d 226, 2005 WL 1226069

Snippet: parties"); cf. 19A Fla. Stat. Ann. 218 (1993)(§ 672.305(2): "A price to be fixed... means a price ... to

Payne v. Humana Hosp. Orange Park

Court: District Court of Appeal of Florida | Date Filed: 1995-10-12

Citation: 661 So. 2d 1239, 1995 WL 598027

Snippet: parties"); cf. 19A Fla. Stat. Ann. 218 (1993) (§ 672.305(2): "A price to be fixed by the seller or by the