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Fla. Stat. § 672.715 (2025)

Buyer’s incidental and consequential damages.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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672.715 Buyer’s incidental and consequential damages.—
(1) Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.
(2) Consequential damages resulting from the seller’s breach include:
(a) Any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) Injury to person or property proximately resulting from any breach of warranty.
History.—s. 1, ch. 65-254.
Note.—s. 2-715, U.C.C.
Notes of Decisions
Cited in 18 cases, 1979–2015 · leading case: HGI Assocs., Inc. v. Wetmore Printing Co., 427 F.3d 867 (11th Cir. 2005).
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HGI Assocs., Inc. v. Wetmore Printing Co., 427 F.3d 867 (11th Cir. 2005). · cites it 3× “Instead, we analyze whether the district court properly applied Florida contract law to HGI’s claim that it lost profits from the resale of Microsoft software for which it contracted when Wetmore repudiated the three contracts.”
Armadillo Distrib. Enter., Inc. v. Hai Yun Musical Instruments Manufacture Co., 142 F. Supp. 3d 1245 (M.D. Fla. 2015). · cites it 5× “” Fla. Stat. § 672.715 (1). Armadillo alleges that it is entitled to the following incidental damages: , .”
Nature's Prods., Inc. v. Natrol, Inc., 990 F. Supp. 2d 1307 (S.D. Fla. 2013). · cites it 4× “2013) (citing Fla. Stat. § 672.715 ). Therefore, the jury — rather than the Court on summary judgment — should weigh the evidence and resolve at trial all factual questions relating to consequential damages.”
Halliburton Co. v. E. Cement Corp., 672 So. 2d 844 (Fla. 4th DCA 1996). · cites it 6× “Having so decided, we added: "under section 672.715, Florida Statutes (1989), the buyer can recover both incidental and consequential damages when these implied warranties are read into the contract.”
Cooper v. Meridian Yachts, Ltd., 575 F.3d 1151 (11th Cir. 2009). “” Fla. Stat. § 672.715 (2). Meridian’s third-party claims against De Vries are, therefore, barred by the agreement’s limitation of liability provision, as Cooper’s injuries fall within the realm of consequential damages, which are clearly excluded by the clause, and there is no…”
Premix-Marbletite Mfg. Corp. v. SKW Chemicals, Inc., 145 F. Supp. 2d 1348 (S.D. Fla. 2001). · cites it 2× “The damages available for Premix’s breach of warranty claims are those provided for by the UCC, including consequential damages pursuant to UCC § 2-715, Fla. Stat. § 672.715 . The parties are advised to prepare their presentations of this case, including their proposed jury…”
Bair v. Aegis Corp., 523 So. 2d 1186 (Fla. 2d DCA 1988). · cites it 5× “" Under the remedy provision section 672.715(1) Bair is entitled to recover incidental damages which "include expenses reasonably incurred in .”
Frank Griffin Volkswagen, Inc. v. Smith, 610 So. 2d 597 (Fla. 1st DCA 1992). · cites it 2× “Because Smith's claim for revocation of acceptance was not proved, he is not entitled to an award of consequential damages under section 672.715(2)(a), Florida Statutes. Accordingly, those portions of the final judgment awarding damages against Griffin for Smith's revocation of…”
E. Cement v. Halliburton Co., 600 So. 2d 469 (Fla. 4th DCA 1992). · cites it 2× “Additionally, under section 672.715, Florida Statutes (1989), the buyer can recover both incidental and consequential damages when these implied warranties are read into the contract.”
Hartman v. Opelika Mach. & Welding, 414 So. 2d 1105 (Fla. 1st DCA 1982). · cites it 2× “" Section 672.715(2)(b), Florida Statutes (1979) (UCC 2.”
Paul Gottlieb & Co. v. Alps South Corp., 985 So. 2d 1 (Fla. 2d DCA 2007). “These "include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the…”
Bill Branch Chevrolet, Inc. v. Redmond, 378 So. 2d 319 (Fla. 2d DCA 1980). “" Section 672.715(1), Fla. Stat. (1977). See Council Brothers, Inc.”
Show all 18 citing cases →
— 672.715(1) — 5 cases
Paul Gottlieb & Co. v. Alps South Corp., 985 So. 2d 1 (Fla. 2d DCA 2007). “These "include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the…”
Bill Branch Chevrolet, Inc. v. Redmond, 378 So. 2d 319 (Fla. 2d DCA 1980). “" Section 672.715(1), Fla. Stat. (1977). See Council Brothers, Inc.”
Halliburton Co. v. E. Cement Corp., 672 So. 2d 844 (Fla. 4th DCA 1996). “Having so decided, we added: "under section 672.715, Florida Statutes (1989), the buyer can recover both incidental and consequential damages when these implied warranties are read into the contract.”
Bair v. Aegis Corp., 523 So. 2d 1186 (Fla. 2d DCA 1988). “" Under the remedy provision section 672.715(1) Bair is entitled to recover incidental damages which "include expenses reasonably incurred in .”
Fryatt v. Lantana One, Ltd., 866 So. 2d 158 (Fla. 1st DCA 2004).
— 672.715(2) — 5 cases
Bair v. Aegis Corp., 523 So. 2d 1186 (Fla. 2d DCA 1988). “" Under the remedy provision section 672.715(1) Bair is entitled to recover incidental damages which "include expenses reasonably incurred in .”
Halliburton Co. v. E. Cement Corp., 672 So. 2d 844 (Fla. 4th DCA 1996). “Having so decided, we added: "under section 672.715, Florida Statutes (1989), the buyer can recover both incidental and consequential damages when these implied warranties are read into the contract.”
Armadillo Distrib. Enter., Inc. v. Hai Yun Musical Instruments Manufacture Co., 142 F. Supp. 3d 1245 (M.D. Fla. 2015). “” Fla. Stat. § 672.715 (1). Armadillo alleges that it is entitled to the following incidental damages: , .”
Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.), 119 B.R. 317 (Bankr. M.D. Fla. 1990).
Pan Am. Stone Co. v. Meister, 527 So. 2d 275 (Fla. 4th DCA 1988).
— 672.715(2)(a) — 2 cases
Frank Griffin Volkswagen, Inc. v. Smith, 610 So. 2d 597 (Fla. 1st DCA 1992). “Because Smith's claim for revocation of acceptance was not proved, he is not entitled to an award of consequential damages under section 672.715(2)(a), Florida Statutes. Accordingly, those portions of the final judgment awarding damages against Griffin for Smith's revocation of…”
Bill Wallace Ford, Inc. v. Lamoureaux, 33 Fla. Supp. 2d 47 (Fla. Cty. Ct. 1988).
— 672.715(2)(b) — 2 cases
Hartman v. Opelika Mach. & Welding, 414 So. 2d 1105 (Fla. 1st DCA 1982). “" Section 672.715(2)(b), Florida Statutes (1979) (UCC 2.”
Halliburton Co. v. E. Cement Corp., 672 So. 2d 844 (Fla. 4th DCA 1996). “Having so decided, we added: "under section 672.715, Florida Statutes (1989), the buyer can recover both incidental and consequential damages when these implied warranties are read into the contract.”
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