Florida Statute 672.708 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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672.708 Seller’s damages for nonacceptance or repudiation.—

(1) Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (s. 672.723), the measure of damages for nonacceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this chapter (s. 672.710), but less expenses saved in consequence of the buyer’s breach.

(2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this chapter (s. 672.710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

History.—s. 1, ch. 65-254.

Note.—s. 2-708, U.C.C.

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Amendments to 672.708

Annotations, Discussions, Cases:

Cases Citing Statute 672.708

Total Results: 9 | Sort by: Relevance | Newest First

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Tech Corp. v. Permutit Co., 321 So. 2d 562 (Fla. 4th DCA 1975).

Cited 16 times | Published | Florida 4th District Court of Appeal

...The first is appellants' joint assertion that the trial court erred in its assessment of damages, particularly with reference to the inclusion of overhead. There is no dispute among the parties that if appellee is entitled to recover damages in this case, § 672.708(2), F.S....

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Florida Min. & Materials Corp. v. Stand. Gypsum Corp., 550 So. 2d 47 (Fla. 2d DCA 1989).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 9 U.C.C. Rep. Serv. 2d (West) 1245, 14 Fla. L. Weekly 2003, 1989 Fla. App. LEXIS 4782, 1989 WL 98054

...(1987). While an aggrieved buyer may recover consequential damages for a seller's breach of contract (sections 672.713-672.715), an aggrieved seller is limited to recovering lost profits and incidental damages as its remedy for a breach of contract. § 672.708, Fla....

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Design Time, Inc. v. Monco of Orlando, Inc., 518 So. 2d 454 (Fla. 5th DCA 1988).

Cited 5 times | Published | Florida 5th District Court of Appeal | 1988 WL 1073

...navailing. Because the foregoing section is inapplicable to the particular facts of this case, Design Time contends that Monco reformulated its plan at trial by seeking and attempting to prove its entitlement to lost profits and overhead pursuant to section 672.708(2), Florida Statutes. Section 672.708 provides the following: Seller's damages for nonacceptance or repudiation....

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Sav-A-Stop Inc. v. Mayfair Super Markets, Inc. (In Re Sav-A-Stop Inc.), 119 B.R. 317 (Bankr. M.D. Fla. 1990).

Cited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 14 U.C.C. Rep. Serv. 2d (West) 484, 1990 Bankr. LEXIS 2022, 1990 WL 138991

...while his net margin is 2.2 percent. If the claim was based on net profit, it would be $120,000. Mayfair also admitted that it did not take into consideration all variable costs. A buyer cannot recover his gross profits under Chapter 672, Fla.Stats. § 672.708(2) is uniquely a seller's remedy....

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Vagabond Container, Inc. v. City of Miami Beach, 356 So. 2d 1266 (Fla. 3d DCA 1978).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 1978 Fla. App. LEXIS 15598

...Pursuant to Chapter 672, Florida Statutes (1975), a seller is entitled to his full measure of damages from a buyer who has breached his contract for the sale of goods. In determining the full measure of damages to be awarded, the jury should have been instructed in the following areas: lost profits, pursuant to Section 672.708(2), Florida Statutes (1975); incidental damages, pursuant to Section 672.708(2) and 710, Florida Statutes (1975); and recovery of the contract price of any goods "accepted" by the buyer, pursuant to Section 672.709, Florida Statutes (1975)....

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In Re JW Aluminum Co., 200 B.R. 64 (Bankr. M.D. Fla. 1996).

Cited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 30 U.C.C. Rep. Serv. 2d (West) 543, 10 Fla. L. Weekly Fed. B 64, 1996 Bankr. LEXIS 1091, 1996 WL 506769

...tracts. The Debtor suggested that PBI file a claim for any damages resulting from the rejection. PBI's contract rejection claim, Number 208, in the amount of $1,683,156, is calculated pursuant to section 2-708(1) of the U.C.C., adopted in Florida as section 672.708, Florida Statutes (1992), and represents the repudiation damages based upon the difference between the contract price and the market price at the time and place of tender....

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Florida Recycling Servs., Inc. v. Petersen Indus., Inc., 858 So. 2d 1114 (Fla. 2d DCA 2003).

Published | Florida 2nd District Court of Appeal | 51 U.C.C. Rep. Serv. 2d (West) 1061, 2003 Fla. App. LEXIS 16126, 2003 WL 22438598

...ery. Sometime after Florida Recycling breached the contract, Petersen removed the loader from Florida Recycling’s truck and sold it to another purchaser. Petersen sought damages for $7873.65 in lost profits pursuant to the Uniform Commercial Code, section 672.708(2), Florida Statutes (1999)....

...o its earlier contract with Florida Recycling. A seller is entitled to the full measure of its damages from a breaching buyer. Vagabond Container, Inc. v. City of Miami Beach, 356 So.2d 1266, 1267 (Fla. 3d DCA 1978). This includes lost profits under section 672.708(2) and incidental damages under section 672.710....

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Al's Motor Co. v. Jackson Marine Sales, Inc., 432 So. 2d 736 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19996

LETTS, C.J., and BERANEK, J., concur. . Section 672.708 provides: Seller’s damages for nonacceptance

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Ivens Corp. v. Hobé Cie Ltd., 555 So. 2d 425 (Fla. 3d DCA 1989).

Published | Florida 3rd District Court of Appeal | 1989 Fla. App. LEXIS 7282, 1989 WL 155484

...denied, 364 So.2d 882 (Fla.1978); Tech Corp. v. Permutit Co., 321 So.2d 562 (Fla. 4th DCA 1975); Cayuga Harvester, Inc. v. Allis-Chalmers Corp., 95 A.D.2d 5 , 465 N.Y.S.2d 606 (1983); Borne Chem. Co. v. Dictrow, 85 A.D.2d 646 , 445 N.Y.S.2d 406 (1981); § 672.708, Fla.Stat....

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