Florida Statute 672.614 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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672.614 Substituted performance.—

(1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.

(2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer’s obligation unless the regulation is discriminatory, oppressive or predatory.

History.—s. 1, ch. 65-254.

Note.—s. 2-614, U.C.C.

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Amendments to 672.614

Annotations, Discussions, Cases:

Cases Citing Statute 672.614

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E. Air Lines, Inc. v. Gulf Oil Corp., 415 F. Supp. 429 (S.D. Fla. 1975).

Cited 27 times | Published | District Court, S.D. Florida | 19 U.C.C. Rep. Serv. (West) 721, 1975 U.S. Dist. LEXIS 15673

...Gulf answered Eastern's complaint, alleging that the contract was not a binding requirements contract, was void for want of mutuality, and, furthermore, was "commercially impracticable" within the meaning of Uniform Commercial Code § 2-615; Fla. Stat. §§ 672.614 and 672.615....

...Kushner, 284 So.2d 481, 484 (Fla.App.1973). The court concludes that Eastern has not violated the contract. III COMMERCIAL IMPRACTICABILITY Gulf's commercial impracticability defenses are premised on two sections of the Uniform Commercial Code specifically §§ 2-614 (F.S. 672.614) and 2-615 (F.S....

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