Voluntary transfer of possession by one person to another is popularly...
The seller has a duty to ensure the goods are in a state to be dispatched but not to do the actual delivery unless that is what is agreed in the contract. Ownership does not necessarily pass with possession.
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Voluntary transfer of possession by one person to another is popularly...
Voluntary transfer of possession by one person to another is popularly known as Delivery.
Delivery is an essential element in the transfer of property from one person to another. It is the act by which the possession of property is voluntarily transferred from the seller or transferor to the buyer or transferee. The concept of delivery is recognized and accepted in various legal systems around the world.
Importance of Delivery:
Delivery plays a crucial role in determining the transfer of ownership and possession of the property. It is considered as the final and most important act in the process of transferring property rights. Without delivery, a mere contract or agreement to transfer property is not sufficient to transfer ownership.
Types of Delivery:
There are different types of delivery based on the nature of the property and the intention of the parties involved. Some common types of delivery include:
1. Actual Delivery: In actual delivery, the physical possession of the property is transferred from the transferor to the transferee. It can be done by physically handing over the property or by handing over the keys or other means of access.
2. Symbolic Delivery: Symbolic delivery involves the transfer of possession through a symbolic act or gesture. For example, delivering the key to a locked warehouse or transferring the document of title to goods.
3. Constructive Delivery: Constructive delivery occurs when the transferor does not physically transfer the property but indicates his intention to transfer the possession and control over the property. It can be done through legal instruments or documents.
Legal Significance:
Delivery is essential for the transfer of ownership and possession of property. It serves as evidence of the transferor's intention to transfer the property and the transferee's acceptance of the property. It provides certainty and clarity in determining the rights and responsibilities of the parties involved.
Moreover, delivery also protects the interests of both the transferor and transferee. It ensures that the transferor has effectively transferred the property and cannot claim ownership or possession later. Similarly, it protects the transferee from any claims of ownership by third parties.
In conclusion, voluntary transfer of possession by one person to another is popularly known as delivery. It is a crucial element in the transfer of property and plays a significant role in determining ownership and possession rights.
Voluntary transfer of possession by one person to another is popularly...
Delivery ( section 2(2) )
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