The 2023 Florida Statutes (including Special Session C)

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.

F.S. 672.615 on Google Scholar

F.S. 672.615 on Casetext

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 from cite.case.law:

H. PENDLETON, v. WITCOSKI, 836 So. 2d 1025 (Fla. Dist. Ct. App. 2002)

. . . .” § 672.615(1), Fla. Stat. (1999). . . .

CITY OF KEY WEST, v. R. L. J. S. CORPORATION, a, 537 So. 2d 641 (Fla. Dist. Ct. App. 1989)

. . . See § 672.615, Fla.Stat. (1987) ("Excuse by failure of presupposed conditions"). . . .

TANDY CORPORATION, d b a a v. EISENBERG,, 488 So. 2d 927 (Fla. Dist. Ct. App. 1986)

. . . The defense of commercial impracticability as contained in Florida Statutes, § 672.615, asserted by Defendant . . .

FLORIDA POWER AND LIGHT COMPANY, v. WESTINGHOUSE ELECTRIC CORPORATION,, 597 F. Supp. 1456 (E.D. Va. 1984)

. . . contingency the non-occurrence of which was a basic assumption on which the contract was made____ Fla.Stat. 672.615 . . .

In WESTINGHOUSE ELECTRIC CORPORATION URANIUM CONTRACTS LITIGATION. FLORIDA POWER AND LIGHT COMPANY, v. WESTINGHOUSE ELECTRIC CORPORATION,, 517 F. Supp. 440 (E.D. Va. 1981)

. . . Commercial Impracticability Fla.Stat. 672.615 (excuse by failure of presupposed conditions) provides, . . .

FLORIDA POWER LIGHT COMPANY, v. WESTINGHOUSE ELECTRIC CORPORATION,, 579 F.2d 856 (4th Cir. 1978)

. . . . § 672.615). . . . Florida Statute § 672.615 (excuse by failure of presupposed conditions) provides, in pertinent part: . . .

EASTERN AIR LINES, INC. v. GULF OIL CORPORATION,, 415 F. Supp. 429 (S.D. Fla. 1975)

. . . . §§ 672.614 and 672.615. . . .