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Sunday, 21 August 2011

What is delivery and discuss its various kinds or Discuss the various modes of delivery



Delivery :-
According to the sales act, it is defined in the following words, "Delivery means voluntary transfer of possession from one person to another."


"Before delivery the goods must be in deliverable state."

In a contract of sale delivery is an essential element.


Kinds Of Delivery :-
Following are the important kinds of delivery :

1. Actual or Physical Delivery :-
It is called an actual delivery when a seller delivers the goods physically to the buyer or his agent, to take the possession.

If the seller has received the price but does not deliver the goods to the buyer. They buyer can sue the seller for price with reasonable interest.

Example :- Mrs. Anu sells a car to Mr. Narain. Car is delivered to Mr. Narain. It will be called the actual delivery.


2. Symbolic Delivery :-
If the key of any store is delivered to any person, it will be considered the goods in the store are also delivered to that person. It is a symbolic delivery.

Example :- Mr. Ram sells the car to Mr. Anarta which are kept in the "Show Room". Mr. Ram gives the key of show room to Mr. Anarta. It is a symbolic delivery.


3. Constructive Delivery :-
When there is a change in the legal character without any visible change in actual and visible custody it is called constructive delivery.

Example :- Mr. Andor has bus, which he has rented out to Mr. Nelson. It is in the custody of Mr. Nelson. Mr. Andor sells and transfers complete title to Mr. Hick. The bus remained in the custody of Mr. Nelson. There is no change in the custodian. Here only the title of the property has changed. Now Mr. Nelson agrees to hold on behalf of the buyer. It is called constructive delivery.


There are also some other kinds :

4. Implied Deliver.

5. Partial Delivery.

6. Mixed Delivery.

7. Delivery in Installments.

8. Short Delivery.

9. Delivery In Excess of Quantity.

10. Delivery of Goods of Inferior Quality.

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