Florida Statute 672.509 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 672.509

Total Results: 4

Ladex Corp. v. Transportes Aereos Nacionales

Court: District Court of Appeal of Florida | Date Filed: 1985-10-15

Citation: 476 So. 2d 763, 10 Fla. L. Weekly 2353

Snippet: delivered to the carrier for shipment to the buyer. § 672.509(1)(a), Fla. Stat. (1981); U.C.C. § 2-320 comment

Dept. of Revenue v. US Sugar Corp.

Court: District Court of Appeal of Florida | Date Filed: 1980-09-11

Citation: 388 So. 2d 596

Snippet: buyer's agent. Sections 672.319(1)(a), 672.504 and 672.509(1)(a). Moreover, if the contract requires the seller

Pestana v. Karinol Corp.

Court: District Court of Appeal of Florida | Date Filed: 1979-02-27

Citation: 367 So. 2d 1096, 25 U.C.C. Rep. Serv. (West) 1306

Snippet: 672.503 (Official U.C.C. comment 5), 672.504, 672.509(1), Fla. Stat.(1977); Electric Regulator Corp.

Breezy Bay, Inc. v. INDUSTRIA MAQUILADORA MEXICANA

Court: District Court of Appeal of Florida | Date Filed: 1978-08-01

Citation: 361 So. 2d 440, 1978 Fla. App. LEXIS 16405

Snippet: (1977) [warehouseman's liability] or under Section 672.509, Florida Statutes (1977) [risk of loss between