(1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he or she discovers the buyer to be insolvent (s. 672.702) and may stop delivery of carload, truckload, planeload or larger shipments of express or freight when the buyer repudiates or fails to make a payment due before delivery or if for any other reason the seller has a right to withhold or reclaim the goods.
(2) As against such buyer the seller may stop delivery until:
(a) Receipt of the goods by the buyer; or
(b) Acknowledgment to the buyer by any bailee of the goods except a carrier that the bailee holds the goods for the buyer; or
(c) Such acknowledgment to the buyer by a carrier by reshipment or as a warehouse; or
(d) Negotiation to the buyer of any negotiable document of title covering the goods.
(3)(a) To stop delivery the seller shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.
(b) After such notification the bailee shall hold and deliver the goods according to the directions of the seller but the seller is liable to the bailee for any ensuing charges or damages.
(c) If a negotiable document of title has been issued for goods the bailee is not obliged to obey a notification to stop until surrender of possession or control of the document.
(d) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
History.—s. 1, ch. 65-254; s. 603, ch. 97-102; s. 15, ch. 2010-131.
Note.—s. 2-705, U.C.C.; supersedes s. 678.51.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 672 - Uniform Commercial Code: Sales
Part VII - Remedies (Ss. 672.701-672.724)
672.701 - Remedies for breach of collateral contracts not impaired.
672.702 - Seller’s remedies on discovery of buyer’s insolvency.
672.703 - Seller’s remedies in general.
672.705 - Seller’s stoppage of delivery in transit or otherwise.
672.706 - Seller’s resale including contract for resale.
672.707 - “Person in the position of a seller.”
672.708 - Seller’s damages for nonacceptance or repudiation.
672.709 - Action for the price.
672.710 - Seller’s incidental damages.
672.711 - Buyer’s remedies in general; buyer’s security interest in rejected goods.
672.712 - “Cover”; buyer’s procurement of substitute goods.
672.713 - Buyer’s damages for nondelivery or repudiation.
672.714 - Buyer’s damages for breach in regard to accepted goods.
672.715 - Buyer’s incidental and consequential damages.
672.716 - Buyer’s right to specific performance or replevin.
672.717 - Deduction of damages from the price.
672.718 - Liquidation or limitation of damages; deposits.
672.719 - Contractual modification or limitation of remedy.
672.720 - Effect of “cancellation” or “rescission” on claims for antecedent breach.
672.722 - Who can sue third parties for injury to goods.