Florida Statute 672.612 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.612

672.612 “Installment contract”; breach.—

(1) An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause “each delivery is a separate contract” or its equivalent.

(2) The buyer may reject any installment which is nonconforming if the nonconformity substantially impairs the value of that installment and cannot be cured or if the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment.

(3) Whenever nonconformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrieved party reinstates the contract if she or he accepts a nonconforming installment without seasonably notifying of cancellation or if she or he brings an action with respect only to past installments or demands performance as to future installments.

History.—s. 1, ch. 65-254; s. 597, ch. 97-102.

Note.—s. 2-612, U.C.C.

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Amendments to 672.612

Arrestable Offenses / Crimes under Fla. Stat. 672.612

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.612.

Annotations, Discussions, Cases:

Cases Citing Statute 672.612

Total Results: 4

Parsons v. Motor Homes of America

Court: District Court of Appeal of Florida | Date Filed: 1985-03-07

Citation: 465 So. 2d 1285, 10 Fla. L. Weekly 576

Snippet: UCC remedies include, (1) cancellation Section 672.612; (2) "cover" and damages for non-delivery Sections

Royco, Inc. v. Cottengim

Court: District Court of Appeal of Florida | Date Filed: 1983-01-26

Citation: 427 So. 2d 759, 35 U.C.C. Rep. Serv. (West) 465

Snippet: whole if the breach goes to the whole contract (s. 672.612), the buyer may cancel and whether or not he has

Jones, Morrison, Etc. v. Contemporary, Etc.

Court: District Court of Appeal of Florida | Date Filed: 1982-06-02

Citation: 414 So. 2d 637

Snippet: whole if the breach goes to the whole contract (s. 672.612), the buyer may cancel and whether or not he has

Goodell v. KT Enterprises, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1981-03-10

Citation: 394 So. 2d 1087, 31 U.C.C. Rep. Serv. (West) 129, 1981 Fla. App. LEXIS 19599

Snippet: whole if the breach goes to the whole contract (s. 672.612), the buyer may cancel and whether or not he has