Florida Statutes

Fla. Stat. § 672.712 (2025)

“Cover”; buyer’s procurement of substitute goods.

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672.712 “Cover”; buyer’s procurement of substitute goods.
(1) After a breach within the preceding section the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.
(2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (s. 672.715), but less expenses saved in consequence of the seller’s breach.
(3) Failure of the buyer to effect cover within this section does not bar her or him from any other remedy.
History.s. 1, ch. 65-254; s. 608, ch. 97-102.
Note.s. 2-712, U.C.C.
Notes of Decisions
Cited in 8 cases, 1980–2013 · leading case: Goodell v. KT Enter., Ltd., 394 So. 2d 1087 (Fla. 1st DCA 1981).
Goodell v. KT Enter., Ltd., 394 So. 2d 1087 (Fla. 1st DCA 1981). · cites it 3× “Goodell also appeals, advocating that instead of awarding him only his deposit on the contract, the trial court should have allowed Goodell "cover" under Section 672.712, Florida Statutes (1977).”
A & P Bakery Sup & Equip v. Hawatmeh, 388 So. 2d 1071 (Fla. 3d DCA 1980). · cites it 2× “On remand, damages should be determined in accordance with Section 672.712, Florida Statutes (1979): (2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages .”
Shreve Land Co., Inc. v. J & D Fin. Corp., 421 So. 2d 722 (Fla. 3d DCA 1982). · cites it 2× “In computing the measure of damages, we look to section 672.712, Florida Statutes (1979), which allows a buyer to "cover" a breach by purchasing, within a reasonable time and in good faith, substitute goods for those due from the seller.”
Gulf Power Co. v. Coalsales II, LLC, 522 F. App'x 699 (11th Cir. 2013). · cites it 2× “712 , which provides: (1) After a breach within the preceding section the buyer may “cover” by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller. (2) The buyer may recover…”
Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.), 119 B.R. 317 (Bankr. M.D. Fla. 1990). · cites it 8× “Thus, a buyer complaining of non-delivery can proceed under either §§ 672.712 or 672.713. Section 672.712(1) provides that a “buyer may cover by making in good faith and without reasonable delay any reasonable purchase of or contract to purchase goods in substitution for those…”
Full Circle Serv., Inc. v. Dep't of Agric. Bureau of License & Bond, 556 So. 2d 757 (Fla. 2d DCA 1990). · cites it 2× “See Uniform Commercial Code, § 672.712, Fla.Stat. (1987). The Department concedes that under section 604.”
Eden v. Burlington N. Air Freight, Inc., 19 Fla. Supp. 2d 74 (Fla. Orange Cty. Ct. 1986). “1 However, the court agrees with the plaintiff that the difference in the price is really “cover” as defined by Fla. Stat. 672.712(2) 2 and not consequential damages.”
MASON DISTRIBUTORS v. Encapsulations, Inc., 484 So. 2d 1275 (Fla. 3d DCA 1986). “" [1] Florida Statute, § 672.712(1) (1983) provides: "(1) After a breach within the preceding section the buyer may `cover' by making in good faith and without unreasonable delay any reasonable purchase of, or contract *1276 to purchase goods in substitution for those due from…”
— 672.712(1) — 2 cases
Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.), 119 B.R. 317 (Bankr. M.D. Fla. 1990). “Thus, a buyer complaining of non-delivery can proceed under either §§ 672.712 or 672.713. Section 672.712(1) provides that a “buyer may cover by making in good faith and without reasonable delay any reasonable purchase of or contract to purchase goods in substitution for those…”
MASON DISTRIBUTORS v. Encapsulations, Inc., 484 So. 2d 1275 (Fla. 3d DCA 1986). “" [1] Florida Statute, § 672.712(1) (1983) provides: "(1) After a breach within the preceding section the buyer may `cover' by making in good faith and without unreasonable delay any reasonable purchase of, or contract *1276 to purchase goods in substitution for those due from…”
— 672.712(2) — 2 cases
Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.), 119 B.R. 317 (Bankr. M.D. Fla. 1990). “Thus, a buyer complaining of non-delivery can proceed under either §§ 672.712 or 672.713. Section 672.712(1) provides that a “buyer may cover by making in good faith and without reasonable delay any reasonable purchase of or contract to purchase goods in substitution for those…”
Eden v. Burlington N. Air Freight, Inc., 19 Fla. Supp. 2d 74 (Fla. Orange Cty. Ct. 1986). “1 However, the court agrees with the plaintiff that the difference in the price is really “cover” as defined by Fla. Stat. 672.712(2) 2 and not consequential damages.”
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.

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