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Fungible
(fən-jə-bəl)
adj.
C. Regarded as commercially interchangeable with other property of the same kind.
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Legal Definition - Regarded as commercially interchangeable with other property of the same kind. <Wheat and corn are fungible goods, whereas land is not.>
Black's Law Dictionary® Eighth
Edition © 2004
Author's Note - To say this in simple
terms, fungible goods are those that can be legally substituted by the
seller in a commercial transaction. When you call the florist and
order 12 red roses, you ordinarily do not choose the specific roses that
will be sent. Roses, like most goods, are fungible.
The florist may choose any 12 red roses of like quality. On the
other hand, land or an original piece of art is unique and not
fungible. A different piece of land or art cannot be legally
substituted by the seller.
Recent Usage - "Any self-respecting lawyer has probably said it, or at least thought it:
'Nobody can represent my client better than I can.' On Tuesday the Supreme Court takes up a Missouri case that could enshrine that conceit in constitutional law. The Court in
United States v. Gonzalez-Lopez will decide whether and to what extent a paying defendant has an enforceable Sixth Amendment right to the lawyer of his or her choice. For a profession that often takes a beating, the briefs on the defendant's side of the case are an elixir, lyrically praising the special quality of individual lawyers and insisting they are not
fungible like eggs or oranges. The briefs reach back in time to the famed 1735 trial of John Peter
Zenger, who was denied his choice of lawyers by a biased judge.
by
Tony Mauro,
Legal Times 04-17-2006