Florida Statutes
Fla. Stat. § 672.723 (2025)
Proof of market price; time and place.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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672.723 Proof of market price; time and place.—
(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (s. 672.708 or s. 672.713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.
(2) If evidence of a price prevailing at the times or places described in this chapter is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.
(3) Evidence of a relevant price prevailing at a time or place other than the one described in this chapter offered by one party is not admissible unless and until he or she has given the other party such notice as the court finds sufficient to prevent unfair surprise.
Note.—s. 2-723, U.C.C.
Notes of Decisions
Cited in 2
cases, 1990–2017 · leading case: S & S Packing, Inc. v. Spring Lake Rattle Ranch, Inc., 702 F. App'x 874 (11th Cir. 2017).
S & S Packing, Inc. v. Spring Lake Rattle Ranch, Inc., 702 F. App'x 874 (11th Cir. 2017). “The statute makes clear that the primary situation for using market data to supply a price is when a sale is not consummated, See Fla. Stat. § 672.723 (1) (setting the appropriate time for calculating damages based on market prices in anticipatory repudiation cases); id.”
Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.), 119 B.R. 317 (Bankr. M.D. Fla. 1990). “713(1): “subject to the provisions of this chapter with respect to proof of market price (§ 672.723), the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract…”
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