Duhaime's Law Dictionary


Fungibles Definition:

Standard commercial movable things that are sold by measure, number or weight.

Related Terms: Commodity

Goods which are comprised of many identical parts such as a bushel of grain or a barrel of apples or oil, and which can be easily replaced by other, identical goods.

Fruit or food products are examples of fungibles because they can be exchanged indifferently between one and another. Salt and gasoline are other examples.

Thus, if the goods are sold by weight or number, this is a good sign that they are fungible.

In Standard Bank of Canada, Justice Neterer of the District Court of Washington wrote:

"The salmon in issue were fungible; i. e., each unit was the equivalent of any other unit."

Horses, or works of art, are not fungibles because they differ in value in one to another.

Mostly a term of civil law.

Section 90 of the German Civil Code:

“Fungible things, in the legal sense, are movable things which in commerce are customarily determined by number, measure or weight.”

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