Florida Statute 672.708 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

View Entire Chapter

F.S. 672.708

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.

History.—s. 1, ch. 65-254.

Note.—s. 2-708, U.C.C.

F.S. 672.708 on Google Scholar

F.S. 672.708 on CourtListener

Amendments to 672.708

Annotations, Discussions, Cases:

Cases Citing Statute 672.708

Total Results: 9

Tech Corporation v. Permutit Company

321 So. 2d 562

District Court of Appeal of Florida | Filed: Nov 14, 1975 | Docket: 2485546

Cited 16 times | Published

is entitled to recover damages in this case, § 672.708(2), F.S. 1973, is applicable and appellee is entitled

Florida Min. & Materials Corp. v. Standard Gypsum Corp.

550 So. 2d 47, 9 U.C.C. Rep. Serv. 2d (West) 1245, 14 Fla. L. Weekly 2003, 1989 Fla. App. LEXIS 4782, 1989 WL 98054

District Court of Appeal of Florida | Filed: Aug 23, 1989 | Docket: 1258858

Cited 7 times | Published

damages as its remedy for a breach of contract. § 672.708, Fla. Stat. (1987); Vagabond Container, Inc. v

Design Time, Inc. v. Monco of Orlando, Inc.

518 So. 2d 454, 1988 WL 1073

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 1778574

Cited 5 times | Published

and overhead pursuant to section 672.708(2), Florida Statutes. Section 672.708 provides the following:

In Re JW Aluminum Co.

200 B.R. 64, 30 U.C.C. Rep. Serv. 2d (West) 543, 10 Fla. L. Weekly Fed. B 64, 1996 Bankr. LEXIS 1091, 1996 WL 506769

United States Bankruptcy Court, M.D. Florida | Filed: Jul 25, 1996 | Docket: 1421891

Cited 1 times | Published

2-708(1) of the U.C.C., adopted in Florida as section 672.708, Florida Statutes (1992), and represents the

Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.)

119 B.R. 317, 14 U.C.C. Rep. Serv. 2d (West) 484, 1990 Bankr. LEXIS 2022, 1990 WL 138991

United States Bankruptcy Court, M.D. Florida | Filed: Sep 19, 1990 | Docket: 1070951

Cited 1 times | Published

his gross profits under Chapter 672, Fla.Stats. § 672.708(2) is uniquely a seller's remedy. Similarly, Mayfair's

Vagabond Container, Inc. v. City of Miami Beach

356 So. 2d 1266, 1978 Fla. App. LEXIS 15598

District Court of Appeal of Florida | Filed: Mar 7, 1978 | Docket: 1739820

Cited 1 times | Published

pursuant to Section 672.708(2), Florida Statutes (1975); incidental damages, pursuant to Section 672.708(2) and

Florida Recycling Services, Inc. v. Petersen Industries, Inc.

858 So. 2d 1114, 51 U.C.C. Rep. Serv. 2d (West) 1061, 2003 Fla. App. LEXIS 16126, 2003 WL 22438598

District Court of Appeal of Florida | Filed: Oct 29, 2003 | Docket: 64826388

Published

profits pursuant to the Uniform Commercial Code, section 672.708(2), Florida Statutes (1999). Also, as provided

Ivens Corp. v. Hobé Cie Ltd.

555 So. 2d 425, 1989 Fla. App. LEXIS 7282, 1989 WL 155484

District Court of Appeal of Florida | Filed: Dec 26, 1989 | Docket: 64647507

Published

Dictrow, 85 A.D.2d 646, 445 N.Y.S.2d 406 (1981); § 672.708, Fla.Stat. (1987). Finally, we reject the plaintiff

Al's Motor Co. v. Jackson Marine Sales, Inc.

432 So. 2d 736, 1983 Fla. App. LEXIS 19996

District Court of Appeal of Florida | Filed: Jun 8, 1983 | Docket: 64597443

Published

LETTS, C.J., and BERANEK, J., concur. . Section 672.708 provides: Seller’s damages for nonacceptance