Florida Statute 672.509 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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672.509 Risk of loss in the absence of breach.—

(1) Where the contract requires or authorizes the seller to ship the goods by carrier:

(a) If it does not require her or him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (s. 672.505); but

(b) If it does require her or him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.

(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer:

(a) On her or his receipt of possession or control of a negotiable document of title covering the goods; or

(b) On acknowledgment by the bailee of the buyer’s right to possession of the goods; or

(c) After her or his receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in s. 672.503(4)(b).

(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on her or his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.

(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this chapter on sale on approval (s. 672.327) and on effect of breach on risk of loss (s. 672.510).

History.—s. 1, ch. 65-254; s. 584, ch. 97-102; s. 13, ch. 2010-131.

Note.—s. 2-509, U.C.C.

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Amendments to 672.509

Annotations, Discussions, Cases:

Cases Citing Statute 672.509

Total Results: 2 | Sort by: Relevance | Newest First

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Breezy Bay, Inc. v. Industria Maquiladora Mexicana, 361 So. 2d 440 (Fla. 3d DCA 1978).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 1978 Fla. App. LEXIS 16405

...As another point on appeal, Breezy Bay argues that the trial court erred in finding that the risk of loss for the destroyed garments fell upon it. Breezy Bay's argument that IMM is liable for the loss of the garments destroyed under Section 677.204, Florida Statutes (1977) [warehouseman's liability] or under Section 672.509, Florida Statutes (1977) [risk of loss between seller and buyer] is untenable because the relationship between Breezy Bay and IMM simply does not fall under either one of these categories....

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Ladex Corp. v. Transportes Aereos Nacionales, 476 So. 2d 763 (Fla. 3d DCA 1985).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2353

...contract is a shipment contract. See U.C.C. § 2-320 comment 1 (1978). In the normal shipment contract, the title to the goods and the risk of loss passes to the buyer when the goods are properly delivered to the carrier for shipment to the buyer. § 672.509(1)(a), Fla....

...§ 2-320 comment 1 (1978); Pestana, 367 So.2d at 1099. On the other hand, a destination contract is regarded as the variant type of contract in which the seller agrees to deliver the goods to the buyer at a particular destination and to bear the risk of loss until tender of delivery. § 672.509(1)(b), Fla....

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