CopyCited 32 times | Published | Supreme Court of Florida | 42 U.C.C. Rep. Serv. (West) 810, 1986 Fla. LEXIS 1646, 11 Fla. L. Weekly 47
...difference between the fair market value of the collateral as determined and the amount the collateral brought in a commercially unreasonable sale. This rule is in accord with the spirit of the Uniform Commercial Code and its disfavor of penalties. Section 671.106, Florida Statutes states: The remedies provided by this code shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or s...
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1999 WL 18039
...atutory violation. Section 678.401(1) provides that the issuer " shall register" a transfer if the conditions in subsections (a) through (e) are satisfied. Any "right or obligation" declared by the Uniform Commercial Code is "enforceable by action." § 671.106(2), Fla....
...Construing the statute to provide for injunctive relief is in accordance with the stated policy that remedies provided by the code "shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed." § 671.106(1), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1992 WL 365476
...The majority's holding moreover ignores a fundamental tenet of the UCC, stating that "[t]he remedies provided by this code shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed." § 671.106(1), Fla....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 46 U.C.C. Rep. Serv. 2d (West) 379, 2002 U.S. App. LEXIS 88, 2002 WL 12991
...This
conclusion is consistent with the general provision in Florida’s UCC that “[t]he
remedies provided by this code shall be liberally administered to the end that the
aggrieved party may be put in as good a position as if the other party had fully
performed.” Fla. Stat. § 671.106(1)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 966
...Neither the pleadings nor the letter memorandum, when read in its entirety, [3] support the theory espoused by Land. *1268 The remedies provided by the code are to be administered liberally with the aim of placing the aggrieved party in as good a position as if the other party had fully performed. Section 671.106(1), Florida Statutes (1979); 47 Fla.Jur.2d Secured Transactions § 355 (1984)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 64 U.C.C. Rep. Serv. 2d (West) 939, 2007 Fla. App. LEXIS 20245, 2007 WL 4462984
...Finally, we note that enforcing of the clause at issue only bars consequential damages. [4] The limitation in this clause does not exclude other damages available under the law. See §
672.719; Council Bros., Inc. v. Ray Burner Co.,
473 F.2d 400 (5th Cir.1973) (interpreting Florida law). We observe that section
671.106(1), Florida Statutes (2000), suggests that an injured party should not be worse off because the other party breached: The remedies provided by this code shall be liberally administered to the end that the aggrieved party may be put in...
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 18 U.C.C. Rep. Serv. (West) 850
...y constitute an element of recoverable damages. ( Glusman v. Lieberman, Fla.App.4th, 1973,
285 So.2d 29, and cases therein cited). Construing F.S.
675.115 and F.S.
672.710 in the light of the facts of this case and in the light of F.S.
671.103 and F.S.
671.106(1), we hold that those statutes were not intended to afford a vehicle for the award of attorneys' fees either as costs nor as "commercially reasonable charges, expenses or commissions"....
CopyPublished | Florida 2nd District Court of Appeal
...d *997 checks under FWCC's theory that had the Bank not negligently failed to perform its statutory duty FWCC would not have cashed the checks. We are not convinced that such consequential damages are available under the Uniform Commercial Code. See § 671.106....
...nt I, Count II, or both counts. However, as we have noted, the basis for the punitive damage claims appears to be the same in both counts. We agree with the Bank that the trial court erred in allowing the issue of punitive damages to go to the jury. Section 671.106 states that special or penal damages may not be obtained "except as specifically provided in [the Uniform Commercial Code] or by other rule of law." We can find no support in the Uniform Commercial Code for the award of punitive damages under the circumstances of this case....
