Under the Sale of Goods Act, 1930, delivery means voluntary transfer o...
Document of title to goods” includes a bill of lading, dock-warrant, warehouse keeper’s certificate, wharfingers’ certificate, railway receipt, multimodal transport document,] warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented;
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Under the Sale of Goods Act, 1930, delivery means voluntary transfer o...
**Explanation:**
Under the Sale of Goods Act, 1930, delivery refers to the voluntary transfer of possession from one party to another. Let's understand this concept in detail:
**1. Sale of Goods Act, 1930:**
The Sale of Goods Act, 1930 is an important legislation that governs the sale of goods in India. It defines various aspects of a contract of sale, including the rights and obligations of the buyer and the seller.
**2. Meaning of Delivery:**
Delivery is one of the essential elements of a contract of sale. It refers to the act of transferring the possession of goods from the seller to the buyer voluntarily. Delivery can be physical or constructive.
**3. Voluntary Transfer of Possession:**
According to the Sale of Goods Act, delivery involves the voluntary transfer of possession. This means that the seller willingly hands over the goods to the buyer, and the buyer willingly accepts the goods. It is important to note that delivery does not necessarily mean the transfer of ownership. Ownership may or may not be transferred at the time of delivery.
**4. Transfer of Possession:**
The transfer of possession is crucial in a contract of sale as it signifies the completion of the transaction. Once the goods are delivered, the buyer becomes the lawful possessor of the goods, and the seller's right to possession comes to an end.
**5. Importance of Delivery:**
Delivery is significant in a contract of sale for several reasons:
- It establishes the buyer's right to possess the goods.
- It enables the buyer to inspect and accept the goods before making payment.
- It provides evidence of the completion of the transaction.
- It triggers the passing of risk from the seller to the buyer.
**6. Types of Delivery:**
There are different types of delivery:
- Actual Delivery: In this type, the physical possession of goods is transferred from the seller to the buyer.
- Symbolic Delivery: Here, the seller hands over a symbol or representation of the goods, such as keys or documents, to the buyer.
- Constructive Delivery: In constructive delivery, the goods are already in the possession of a third party, and the seller instructs the third party to deliver the goods to the buyer.
In conclusion, under the Sale of Goods Act, 1930, delivery refers to the voluntary transfer of possession from one party to another. It is an essential element of a contract of sale and signifies the completion of the transaction. Delivery can take various forms depending on the circumstances of the sale.
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