(1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (s. 672.612), the buyer may cancel and whether or not he or she has done so may in addition to recovering so much of the price as has been paid:
(a) “Cover” and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or
(b) Recover damages for nondelivery as provided in this chapter (s. 672.713).
(2) Where the seller fails to deliver or repudiates the buyer may also:
(a) If the goods have been identified recover them as provided in this chapter (s. 672.502); or
(b) In a proper case obtain specific performance or replevy the goods as provided in this chapter (s. 672.716).
(3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his or her possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (s. 672.706).
History.—s. 1, ch. 65-254; s. 607, ch. 97-102.
Note.—s. 2-711, U.C.C.
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.