Florida Statute 672.615 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.615

672.615 Excuse by failure of presupposed conditions.—Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance:

(1) Delay in delivery or nondelivery in whole or in part by a seller who complies with subsections (2) and (3) is not a breach of her or his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.

(2) Where the causes mentioned in subsection (1) affect only a part of the seller’s capacity to perform, the seller must allocate production and deliveries among her or his customers but may at her or his option include regular customers not then under contract as well as the seller’s own requirements for further manufacture. The seller may so allocate in any manner which is fair and reasonable.

(3) The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under subsection (2), of the estimated quota thus made available for the buyer.

History.—s. 1, ch. 65-254; s. 599, ch. 97-102.

Note.—s. 2-615, U.C.C.

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Amendments to 672.615

Arrestable Offenses / Crimes under Fla. Stat. 672.615

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.615.

Annotations, Discussions, Cases:

Cases Citing Statute 672.615

Total Results: 3

Pendelton v. Witcoski

Court: District Court of Appeal of Florida | Date Filed: 2002-11-25

Citation: 836 So. 2d 1025, 2002 WL 31641519

Snippet: assumption on which the contract was made." § 672.615(1), Fla. Stat. (1999). Section 266 of the Restatement

City of Key West v. RLJS CORP.

Court: District Court of Appeal of Florida | Date Filed: 1989-01-03

Citation: 537 So. 2d 641, 1989 WL 135

Snippet: by claiming commercial impracticability. See § 672.615, Fla. Stat. (1987) ("Excuse by failure of presupposed

Tandy Corp. v. Eisenberg

Court: District Court of Appeal of Florida | Date Filed: 1986-06-03

Citation: 488 So. 2d 927, 11 Fla. L. Weekly 1259, 1986 Fla. App. LEXIS 8118

Snippet: impracticability as contained in Florida Statutes, § 672.615, asserted by Defendant is not applicable to this