Florida/Georgia Personal Injury & Workers Compensation

...s and in such a case the issue of good faith is irrelevant"); Beck v. Farmers Ins. Exchange, 701 P.2d 795, 801 n. 4 (Utah 1985)("The duty to perform the contract in good faith cannot, by definition, be waived by either party to the agreement."); and section 671.102(3), Florida Statutes (1997)("[T]he obligations of good faith, diligence, reasonableness and care prescribed by this code may not be disclaimed by agreement but the parties may by agreement determine the standards by which performance...

...The UCC, for example, while prohibiting a disclaimer of the obligation, permits the parties by agreement to "determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable." § 671.102(3)....

...It is not clear from the final judgment that the trial court intended to adjudicate this claim. Accordingly, we reverse the summary judgment as to the claim arising from the audit of Clearwater Gas. Affirmed in part, reversed in part and remanded. GREEN and CASANUEVA, JJ., Concur. NOTES [1] Section 671.102(3), Florida Statutes (1999) (Uniform Commercial Code: General Provisions), provides: The effect of provisions of this code may be varied by agreement, except as otherwise provided in this code and except that the obligations of good f...

...A "present sale" means a sale which is accomplished by the making of the contract. (Emphasis added.) It is readily apparent, therefore, that "passing of title from the buyer to the seller" is an essential element of a "sale". Appellants further argue that these definitions must be read in light of the requirements in section 671.102(1) that the code be "liberally construed and applied to promote its underlying purposes and policies" defined in subsection (2) as being "(a) To simplify, clarify and modernize the law *151 governing commercial transactions; (b) To pe...

...the principles of the Magnuson-Moss Act to transactions of the type before us, but that remains a matter for legislative decision. AFFIRMED. SHIVERS, ZEHMER and BARFIELD, JJ., concur. NOTES [1] Appellants also quote from the Official Code Comment to section 671.102(1) and (2): Subsections (1) and (2) are intended to make it clear that: This Act is drawn to provide permanent flexibility so that since it is intended to be a semi-permanent piece of legislation, it will provide its own machinery for expansion of commercial practices....

...The interests of all concerned parties, whether they be contractors in default, nonsurety assignees, owners, or other obligees, are best served by prompt performance by the surety. Under these circumstances, it is appropriate to give priority to the claims of the surety, up to the limits of its performance. Section 671.102 provides that the code will be liberally construed and applied to promote its underlying purposes and policies, one of which is to make uniform the law among various jurisdictions....

...To recognize an action against a seller for breach of implied warranty not subject to the restrictions and limitations set forth in Article 2 would substantially frustrate one of the fundamental purposes for which the U.C.C. was adopted—to help simplify, clarify, and make uniform the law of commercial transactions. § 671.102(2)....

...what they were trying to do." Henson, Secured Transactions Under the Uniform Commercial Code, Sec. 2-1, pp. 7-8 (1973). The same commentator points out that: "The Code contains express provisions on its own interpretation. Section 1-102 [Fla. Stat. § 671.102, F.S.A.] provides: (1) This Act shall be liberally construed and applied to promote its underlying purposes and policies....

...sts of collection-to payees and drawers, we perceive the statutory provision to have been ill-conceived, as engendering a landslide of litigation inconsistent with the basic thrust of the Code toward simplification of commercial practice and remedy. § 671.102(2)(a), Fla....

...attempting to achieve a uniform interpretation." Mason v. Avdoyan, 299 So.2d 603, 605-606 (Fla. 4th DCA 1974). By doing so, we are merely carrying out the legislature's mandate "to make uniform the [commercial] law among the various jurisdictions." § 671.102(2)(c), Fla....

...Lototsky, 549 F.Supp. at 1001 (quoting UCC § 9-501 comment 4) (citation omitted). [7] C. Finally, we rule as we do in order to maintain uniformity with the other states. One of the purposes of the UCC is "[t]o make uniform the law among the various jurisdictions." § 671.102(2)(c), Fla....

...The legislative purpose was to protect the lessee's other creditors from fraud and deception. There is nothing in the record before me that suggests that anyone was misled or deceived by the leases in question here. Certainly the bank was not misled or deceived in anyway. UCC § 1-102(1), Fla.Stat. § 671.102(1), requires that: "This code shall be liberally construed and applied to promote its underlying purposes and policies." To construe and apply the code to produce the result urged here by the bank would defeat the purpose and policy of the code....

...Coogan, Article 9 of the Uniform Commercial Code: Priorities among Secured Creditors and the "Floating Lien," 72 Harv.L.Rev. 838 (1959). The Uniform Commercial Code was designed to promote uniformity of the rules of law governing commercial transactions among the states. See § 671.102, Fla....

...y changes the means employed in redressing an injury and thus may be applied retrospectively. Under section 673.4021(3), Serna is not personally liable on the checks if the statutory criteria are met, absent evidence of an agreement to the contrary. § 671.102(3), Fla....

...ing purposes and policies. (2) Underlying purposes and policies of this Code are (a) to simplify, clarify and modernize the law governing commercial transactions; . . . . . (c) to make uniform the law among the various jurisdictions. . . . Fla.Stat. 671.102 (UCC § 1-102)....

...This fire truck certainly falls within that definition. Further, Blount's view is contrary to the manifest statutory intent of the UCC, the provisions of which are to be "liberally construed and applied to promote its underlying purposes and policies." § 671.102(1) Fla....

...In light of the fact that binding precedent from the Florida appeals court rejects the "four corners" rule, I find no reason to apply it here. USAGE OF TRADE AND THE UNIFORM COMMERCIAL CODE Considering the Check and the collection letter together is consistent with the *1370 policies underlying the Uniform Commercial Code. Section 671.102 instructs courts to liberally construe and apply the Code to promote its underlying purposes and policies which are "[t]o simplify, clarify, and modernize the law governing commercial transactions" and "[t]o permit the continued expansion of commercial practices through custom, usage and agreement of the parties," as well as to create a uniform body of law among the states adopting the Code. Section 671.102 also explicitly provides that the provisions of the Code may be varied by agreement, unless the Code section sought to be enforced expressly prohibits such variation, a circumstance not at issue here....

...d be antithetical to the stated purpose of the Code "[t]o simplify, clarify and modernize the law governing commercial transactions [and][t]o permit the continued expansion of commercial practices through custom, usage and agreement of the parties." § 671.102(2)(a) & (b), Fla....

...The basis of the sum owed from the defendant to the complainant, is a sale of goods as contemplated by Chapter 671 and Chapter 672, Florida Statutes, which statutes provide that remedy shall be liberally administered and the aggrieved party may be put in as good position as if the other party had fully performed pursuant to Section 671.102, Florida Statutes....

...The court's interpretation of the letter that it remained irrevocable and unconditional is unquestionably supported by the evidence. The circumstances surrounding the transaction lead inevitably to the conclusion it was the parties' intention "to permit the continued expansion of commercial practices through ... agreement." Section 671.102(2)(b)....

...Uniform Commercial Code, Chapter 679, Florida Statutes (1979), applied to the Bel-Air/Foxcroft contract. We therefore begin by considering the rules which govern the construction of the Code and the general policy of Chapter 679. The Legislature in Section 671.102, Florida Statutes (1979), stated: This code shall be liberally construed and applied to promote its underlying purposes and policies....

...ed as well as the goods sold. I have found no cases that directly address the question before us. The answer lies, I think, in our construction of Section 672.314. The UCC is to be liberally construed to promote its underlying purposes and policies. Section 671.102(1) and (2)....

...e local clearinghouse. The purposes of these statutes can be fulfilled only if they are interpreted to require delivery to the clearinghouse in a manner reasonably designed to result in an item's return to the presenting or last collecting bank. See § 671.102, Fla....

Stat. (1981), may be varied by agreement. See § 671-102(3), Fla. Stat. (1981). Accordingly, we find Cole's

101(2), and the rules of UCC construction of § 671.102 are not particularly helpful in interpreting this

...§ 673.4201, cmt. 1. [4] Florida courts recognize that "[o]ne of the purposes of the UCC is `No make uniform the law among the various jurisdictions.'" Tropical Jewelers, Inc. v. Nationsbank, N.A., 781 So.2d 392, (Fla. 3d DCA 2000) (quoting Fla. Stat. § 671.102(2)(c) and citing Mason v....

to cover prior charges. Florida Statutes, Section 671.-102(3); White and Summers, Uniform Commercial