The 2023 Florida Statutes (including Special Session C)

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.509

672.509 Risk of loss in the absence of breach.—

(1) Where the contract requires or authorizes the seller to ship the goods by carrier:

(a) If it does not require her or him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (s. 672.505); but

(b) If it does require her or him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.

(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer:

(a) On her or his receipt of possession or control of a negotiable document of title covering the goods; or

(b) On acknowledgment by the bailee of the buyer’s right to possession of the goods; or

(c) After her or his receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in s. 672.503(4)(b).

(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on her or his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.

(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this chapter on sale on approval (s. 672.327) and on effect of breach on risk of loss (s. 672.510).

History.—s. 1, ch. 65-254; s. 584, ch. 97-102; s. 13, ch. 2010-131.

Note.—s. 2-509, U.C.C.

F.S. 672.509 on Google Scholar

F.S. 672.509 on Casetext

Amendments to 672.509

Arrestable Offenses / Crimes under Fla. Stat. 672.509

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.509.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES f u b o WESCO DISTRIBUTION, INC. v. AMERICAN BRIDGE COMPANY, St. v., 473 F. Supp. 2d 1227 (S.D. Fla. 2007)

. . . . § 672.503, 672.504, 672.509(1). See also, Ladex Corp. v. . . .

LADEX CORPORATION, d u b o v. TRANSPORTES AEREOS NACIONALES, S. A. d b a, 476 So. 2d 763 (Fla. Dist. Ct. App. 1985)

. . . . § 672.509(l)(a), Fla.Stat. (1981); U.C.C. § 2-320 comment 1 (1978); Pestaña, 367 So.2d at 1099. . . . . § 672.509(l)(b), Fla. Stat. (1981); U.C.C. § 2-503 comment 5 (1978); Pestana, 367 So.2d at 1099. . . .

A. K. v., 84 T.C. 285 (T.C. 1985)

. . . Ann. sec. 672.509(2)(a) (West 1966,1984 Supp.); Ga. Code Ann. sec. 11-2-509(2)(a) (1982); N.J. . . .

J. PESTANA, B. v. KARINOL CORPORATION, 367 So. 2d 1096 (Fla. Dist. Ct. App. 1979)

. . . . §§ 672.503 (Official U.C.C. comment 5), 672.504, 672.509(1), Fla.Stat.(1977); Electric Regulator Corp . . . contract will be considered a shipment contract. §§ 672.-319(l)(b), 672.503 (Official U.C.C. comment 5), 672.509 . . .

BREEZY BAY, INC. v. INDUSTRIA MAQUILADORA MEXICANA, S. A., 361 So. 2d 440 (Fla. Dist. Ct. App. 1978)

. . . destroyed under Section 677.204, Florida Statutes (1977) [warehouseman’s liability] or under Section 672.509 . . .