CopyCited 29 times | Published | Supreme Court of Florida | 1990 WL 160206
...991 (1909). Moreover, in the sale of goods, the Uniform Commercial Code now recognizes that a contract does not fail for indefiniteness if the parties intended to form an agreement and there is a reasonably certain basis for giving an appropriate remedy. § 672.204(3), Fla....
CopyCited 17 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 109960, 2009 WL 2207818
...he enclosed user guide." Id. at ¶ 28. Florida law provides that "[a] contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract." Fla. Stat. § 672.204(1) (adopting U.C.C....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit
...or
inferred in whole or in part from the parties’ conduct.’” Kolodziej v. Mason,
774
F.3d 736, 741 (11th Cir. 2014) (quoting L & H Constr. Co. v. Circle Redmont, Inc.,
55 So. 3d 630, 634 (Fla. 5th Dist. Ct. App. 2011)); see also Fla. Stat. §
672.204(1)
(“A contract for sale of goods may be made in any manner sufficient to show
agreement, including conduct by both parties which recognizes the existence of
such a contract.”)....
CopyCited 8 times | Published | District Court, M.D. Florida | 41 U.C.C. Rep. Serv. 2d (West) 85, 1999 U.S. Dist. LEXIS 19211, 1999 WL 715893
...In view of the longstanding relationship between Azuelos of MPI and OTP, the fact that OTP did not require a letter of credit from MPI and a firm price prior to authorizing the trial shipment does not undermine OTP's claim that such an agreement existed. Section 672.204(3), Florida Statutes, provides in part: (3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy....
...The only cases exempt from this rule are damages for intangible losses. The parties have not cited, and the court has not located, any case construing Florida law on the issue of whether prejudgment interest is available in a breach of contract action arising under Florida's gap-filling statutes, Fla.Stat. §§
672.204(3),
672.305 where the parties do not agree as to the price of goods sold....
CopyCited 6 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 9823, 1993 WL 263440
...The contract should not be held void for uncertainty unless there is no other way out.... Indefiniteness much reach the point where construction becomes futile. Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp.,
302 So.2d 404 (Fla. 1974) (emphasis added). The U.C.C. requires even less. Section
672.204(3) of the Florida Statutes provides that: Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy. Fla.Stat.Ann. §
672.204(3)....
CopyCited 6 times | Published | District Court, M.D. Florida
...As the court explained in TracFone Wireless, Inc. v. Pak China Group Co. Ltd., Florida law provides that “[a] contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both- parties which recognizes the existence of such a contract.” Fla. Stat. § 672.204 (1) (adopting U.C.C....
CopyCited 5 times | Published | District Court, S.D. Florida | 2012 WL 539945, 2012 U.S. Dist. LEXIS 48492
...Sweeney,
687 So.2d 68, 69 (Fla. 3d DCA 1997). Moreover, Florida law provides that “[a] contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.” Fla. Stat. §
672.204 (1) (adopting U.C.C....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1990 WL 70492
...The Florida Supreme Court in Blackhawk held that "even though all of the details are not definitely fixed, an agreement may be binding if the parties agree on the essential terms and seriously understand and intend the agreement to be binding on them." Blackhawk,
302 So.2d at 408. Similarly, the Uniform Commercial Code, section
672.204, Florida Statutes (1985), governing the formation of contracts for sales [4] provides in pertinent part: (3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended...
CopyCited 2 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 64062, 2010 WL 2265152
...Sweeney,
687 So.2d 68, 69 (Fla. 3rd Dist.Ct. App.1997). Moreover, Florida law provides that "[a] contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract." Fla. Stat. §
672.204(1) (adopting U.C.C....
CopyCited 2 times | Published | District Court, S.D. Florida | 94 U.S.P.Q. 2d (BNA) 1777, 2010 U.S. Dist. LEXIS 21082, 2010 WL 565392
...Sweeney,
687 So.2d 68, 69 (Fla. 3rd Dist.Ct. App.1997). Moreover, Florida law provides that "[a] contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract." Fla. Stat. §
672.204(1) (adopting U.C.C....
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 68453, 2007 WL 2714094
...In addition according to the U.C.C., "Even though one or more terms are left open, a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy." Id. § 672.204(3)....
..."[g]lass cockpit," and a "premium interior." (Id.) Finally, the contract states that Diamond will seek FAA IFR-certification and JAA certification. ( Id. ) Such detail is adequate to describe with sufficiency the subject matter of the contract. See § 672.204(3), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
5th Dist. Ct. App. 2011)); see also Fla. Stat. §
672.204(1) (“A contract for sale of goods may be made