Florida Statutes
Fla. Stat. § 672.708 (2025)
Seller’s damages for nonacceptance or repudiation.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
672.708 Seller’s damages for nonacceptance or repudiation.—
(1) Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (s. 672.723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this chapter (s. 672.710), but less expenses saved in consequence of the buyer’s breach.
(2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this chapter (s. 672.710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.
Note.—s. 2-708, U.C.C.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1975–2025 · leading case: Design Time, Inc. v. Monco of Orlando, Inc., 518 So. 2d 454 (Fla. 5th DCA 1988).
Vagabond Container, Inc. v. City of Miami Beach, 356 So. 2d 1266 (Fla. 3d DCA 1978). “Pursuant to Chapter 672, Florida Statutes (1975), a seller is entitled to his full measure of damages from a buyer who has breached his contract for the sale of goods.”
Design Time, Inc. v. Monco of Orlando, Inc., 518 So. 2d 454 (Fla. 5th DCA 1988). “Section 672.708 provides the following: Seller's damages for nonacceptance or repudiation.”
Florida Min. & Materials Corp. v. Stand. Gypsum Corp., 550 So. 2d 47 (Fla. 2d DCA 1989). “§ 672.708, Fla. Stat. (1987); Vagabond Container, Inc.”
Tech Corp. v. Permutit Co., 321 So. 2d 562 (Fla. 4th DCA 1975). “The first is appellants' joint assertion that the trial court erred in its assessment of damages, particularly with reference to the inclusion of overhead.”
Ivens Corp. v. Hobé Cie Ltd., 555 So. 2d 425 (Fla. 3d DCA 1989). “As the trial court correctly found, the plaintiff could not have delivered the pearl necklaces to the defendant for 1987-88 because FIPA, N.”
In Re JW Aluminum Co., 200 B.R. 64 (Bankr. M.D. Fla. 1996). “, adopted in Florida as section 672.708, Florida Statutes (1992), and represents the repudiation damages based upon the difference between the contract price and the market price at the time and place of tender.”
Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.), 119 B.R. 317 (Bankr. M.D. Fla. 1990). “§ 672.708(2) is uniquely a seller’s remedy.”
Al's Motor Co. v. Jackson Marine Sales, Inc., 432 So. 2d 736 (Fla. 4th DCA 1983). “Section 672.708 provides: Seller’s damages for nonacceptance or repudiation.”
Meraki Installers LLC v. New East Solar Energy (Am.) Inc, a California Corp. (N.D. Fla. 2025). “” Fla. Stat. § 672.708 . “allow[ing] the court to draw the reasonable inference that the [counter-]defendant is liable for the misconduct alleged.”
Florida Recycling Servs., Inc. v. Petersen Indus., Inc., 858 So. 2d 1114 (Fla. 2d DCA 2003). “65 in lost profits pursuant to the Uniform Commercial Code, section 672.708(2), Florida Statutes (1999).”
— 672.708(2) — 5 cases
Vagabond Container, Inc. v. City of Miami Beach, 356 So. 2d 1266 (Fla. 3d DCA 1978). “Pursuant to Chapter 672, Florida Statutes (1975), a seller is entitled to his full measure of damages from a buyer who has breached his contract for the sale of goods.”
Design Time, Inc. v. Monco of Orlando, Inc., 518 So. 2d 454 (Fla. 5th DCA 1988). “Section 672.708 provides the following: Seller's damages for nonacceptance or repudiation.”
Tech Corp. v. Permutit Co., 321 So. 2d 562 (Fla. 4th DCA 1975). “The first is appellants' joint assertion that the trial court erred in its assessment of damages, particularly with reference to the inclusion of overhead.”
Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.), 119 B.R. 317 (Bankr. M.D. Fla. 1990). “§ 672.708(2) is uniquely a seller’s remedy.”
Florida Recycling Servs., Inc. v. Petersen Indus., Inc., 858 So. 2d 1114 (Fla. 2d DCA 2003). “65 in lost profits pursuant to the Uniform Commercial Code, section 672.708(2), Florida Statutes (1999).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.