Florida Statute 672.309 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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672.309 Absence of specific time provisions; notice of termination.—

(1) The time for shipment or delivery or any other action under a contract if not provided in this chapter or agreed upon shall be a reasonable time.

(2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.

(3) Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.

History.—s. 1, ch. 65-254.

Note.—s. 2-309, U.C.C.

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Amendments to 672.309

Annotations, Discussions, Cases:

Cases Citing Statute 672.309

Total Results: 6 | Sort by: Relevance | Newest First

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Park Benziger & Co. v. S. Wine, Etc., 391 So. 2d 681 (Fla. 1980).

Cited 11 times | Published | Supreme Court of Florida | 1980 Fla. LEXIS 4453

...Acting under an oral contract with Park Benziger & Co., Southern Wine and Spirits had been the exclusive Florida distributor of a Scottish whiskey labeled "Old Rarity" for approximately eight years prior to July 1, 1978. Since no termination date for this contract existed, it was terminable at will by either party. § 672.309, Fla....

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Maytronics, Ltd. v. Aqua Vac Sys., Inc., 277 F.3d 1317 (11th Cir. 2002).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit | 46 U.C.C. Rep. Serv. 2d (West) 379, 2002 U.S. App. LEXIS 88, 2002 WL 12991

...at 13. This appeal presents an issue of first impression under Florida’s Uniform Commercial Code (“UCC”). The Florida UCC provides that “[t]ermination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party.” Fla. Stat. § 672.309(3). Although Aqua Vac cites two decisions by the Florida Court of Appeals in support of its argument, these cases differ from the present case on several key points....

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Validsa, Inc. v. PDVSA Servs. Inc., 632 F. Supp. 2d 1219 (S.D. Fla. 2009).

Cited 4 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 59162, 2009 WL 2029958

...Eaton Corp., 505 F.Supp. 1072, 1079 (E.D.Mich.1981) (the good faith obligation for merchants requires that reasonable notification of termination be received before a contract could be "treated as breached") (citing Comment 5 of UCC 2-309, which has been enacted in § 672.309, Fla....

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Solitron Devices, Inc. v. VEECO INSTRUMENTS, 492 So. 2d 1357 (Fla. 4th DCA 1986).

Cited 1 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 1711

...on failure to timely complete installation as a sufficient basis for its termination of the contract. Specifically, Solitron relies on a provision of the Uniform Commercial Code and an official comment under that section for the right to terminate. Section 672.309, Florida Statutes (1985), provides: Absence of specific time provisions; notice of termination....

...(3) Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable. Solitron sets out in its brief, official comment number 6 to Section 672.309 as follows: Parties to a contract are not required in giving reasonable notification to fix, at peril of breach, a time which is in fact reasonable in the unforeseeable judgment of a later trier of fact....

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Libra Enter., Inc. v. Utotem of Miami, Inc., 405 So. 2d 1059 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 28158

PER CURIAM. Affirmed. Park Benziger & Co. v. Southern Wines & Spirits, Inc., 391 So.2d 681 (Fla. 1980); § 672.309, Fla.Stat....

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AutoNation, Inc. v. Susi, 199 So. 3d 456 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 13210, 2016 WL 4539659

...& Fin., Inc. v. Deater, 814 So.2d 1224, 1225 (Fla. 3d DCA 2002) (“Where an agreement does not specify the time for payment or provides for an indeterminate or indefinite time, the law implies that payment will be made within a reasonable time.”); § 672.309(2), Fla....

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