Florida Statutes
Fla. Stat. § 672.309 (2025)
Absence of specific time provisions; notice of termination.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—s. 2-309, U.C.C.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1980–2023 · leading case: Park Benziger & Co. v. S. Wine, Etc., 391 So. 2d 681 (Fla. 1980).
Park Benziger & Co. v. S. Wine, Etc., 391 So. 2d 681 (Fla. 1980). “§ 672.309, Fla. Stat. After July 1, 1978, Park Benziger, dissatisfied with the sales level of Old Rarity, asked Southern either to give up Old Rarity or to allow Park Benziger to appoint a second distributor in addition to Southern.”
Validsa, Inc. v. PDVSA Servs. Inc., 632 F. Supp. 2d 1219 (S.D. Fla. 2009). “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. Stat.). In short, because Defendants never…”
AutoNation, Inc. v. Susi, 199 So. 3d 456 (Fla. 4th DCA 2016). “”); § 672.309(2), Fla. Stat. (2015) (“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.”
Overseas Private Inv. Corp. v. Metro. Dade Cnty., 826 F. Supp. 1564 (S.D. Fla. 1993). “See Fla.Stat.Ann. §§ 672.309, 672.310. 22 . Reduction of the verdict by the amount of the settlement agreement is addressed infra.”
Maytronics, Ltd. v. Aqua Vac Sys., Inc., 277 F.3d 1317 (11th Cir. 2002). “” 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.”
Solitron Devices, Inc. v. VEECO INSTRUMENTS, 492 So. 2d 1357 (Fla. 4th DCA 1986). “Section 672.309, Florida Statutes (1985), provides: Absence of specific time provisions; notice of termination.”
Billera v. Custom Laminating Window Prods., Inc., 11 Fla. Supp. 2d 120 (Fla. Palm Beach Cty. Ct. 1985). “CONCLUSIONS OF LAW Defendant contends that because the June 11 writing was silent as to time of performance, it was thus entitled to complete installation within a “reasonable time” pursuant to Section 672.309(1), Florida Statutes (1983).”
Trillium Transp. Fuels LLC v. Integral Energy LLC (W.D. Okla. 2023). “12A, § 2-309; Fla. Stat. § 672.309 . 17 I.C. Gas Amcana, Inc.”
Libra Enter., Inc. v. Utotem of Miami, Inc., 405 So. 2d 1059 (Fla. 3d DCA 1981). “…CURIAM. Affirmed. Park Benziger & Co. v. Southern Wines & Spirits, Inc., 391 So.2d 681 (Fla. 1980); § 672.309, Fla.Stat. (1979).”
Smith v. Palm Beach Eurocar, Inc., 15 Fla. Supp. 2d 48 (Fla. Cty. Ct. 1986). “Section 672.309(1), Fla. Stat. (1983). When time for performance of a contract has been made indefinite by waiver, a party may terminate the contract for delay in performance only by giving reasonable notice to the other party.”
— 672.309(1) — 2 cases
Billera v. Custom Laminating Window Prods., Inc., 11 Fla. Supp. 2d 120 (Fla. Palm Beach Cty. Ct. 1985). “CONCLUSIONS OF LAW Defendant contends that because the June 11 writing was silent as to time of performance, it was thus entitled to complete installation within a “reasonable time” pursuant to Section 672.309(1), Florida Statutes (1983).”
Smith v. Palm Beach Eurocar, Inc., 15 Fla. Supp. 2d 48 (Fla. Cty. Ct. 1986). “Section 672.309(1), Fla. Stat. (1983). When time for performance of a contract has been made indefinite by waiver, a party may terminate the contract for delay in performance only by giving reasonable notice to the other party.”
— 672.309(2) — 1 case
AutoNation, Inc. v. Susi, 199 So. 3d 456 (Fla. 4th DCA 2016). “”); § 672.309(2), Fla. Stat. (2015) (“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.”
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