Florida Statutes
Fla. Stat. § 672.614 (2025)
Substituted performance.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—s. 2-614, U.C.C.
Notes of Decisions
Cited in 1
case, 1975–1975 · leading case: E. Air Lines, Inc. v. Gulf Oil Corp., 415 F. Supp. 429 (S.D. Fla. 1975).
E. Air Lines, Inc. v. Gulf Oil Corp., 415 F. Supp. 429 (S.D. Fla. 1975). “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. 2…”
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