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Delivery

Legal Definition and Related Resources of Delivery

Meaning of Delivery

The act by which the res or substance thereof is placed within the actual or constructive possession or control of another. In the sale of goods , delivery takes place when the goods are placed under the dominion and control of the person who has to receive them. See Fox v Young, (Tex- . Civ.App.) 91 S. W.2d 857. When actual physical possession of the thing is transferred, then the delivery is said to be actual. Delivery is constructive when, although there is no change in the actual possession of the thing, by construction of law or by the intention of the parties there is symbolic delivery . This happens when the goods are set apart and notice is given to the person to whom they are to be delivered. In certain cases, such as where the keys to the warehouse in which the goods are lodged and delivered to the purchaser there is a constructive delivery. See In Re Nesto (C. A.3)270 F. 503. Also Integrity Ins. Co. v Marine Midland Bank-Western, 396 N. Y. S.2d 319, 90 Misc. 2d868. In order that a deed may be good, delivery is essential. A deed is delivered when the party whose deed the document is expressed to be, by words or conduct expressly or impliedly acknowledges his intention to be immediately and unconditionally bound by the expression contained therein. while he need not part with the possession of the document, he must intend to be bound by same. See Hunter v Meshak,(Tex. Civ.App.) 471 S. W.2d 155. In matters of pleading , generally a pleading is said to be delivered when it has been served on the other party and filed in court . See Chernick v Rodriguez, 150 N.Y.S.2d 149, 2 Misc.2d 891.

Delivery Alternative Definition

Of Deed. The transfer of a deed from the grantor to the grantee, or some person acting in his behalf, in such a manner as to deprive the grantor of the right to recall it at his option. Delivery may be (1) absolute, which is complete upon the actual transfer of the instrument from the possession of the grantor; or (2) conditional, which passes the deed from the possession of the grantor, but is not to be completed by possession in the grantee, or a third person as his agent, until the happening of a specified event. Of Chattels. The tradition or transfer of the possession of a chattel from one person to another. It may be actual or symbolical, as of goods in a storehouse by delivery of the key (39 Me. 496), or goods in the hands of a carrier by delivery of the bill of lading (5 Ohio, 88). The word delivery, as applied to sales, has been used in several senses, viz.:
(1) Delivery sufficient to pass title.
(2) Delivery sufficient to allow the seller to sue for goods sold and delivered.
(3) Delivery sufficient to destroy the vendor’s lien.
(4) Delivery sufficient to determine the right of stoppage in transitu.
(5) Delivery sufficient under the statute of frauds.
(6) Delivery sufficient as against creditors or subsequent purchasers. Unless the particular sense in which the word is used in each case be borne in mind, confusion will follow in reading the decisions. Benj. Sales, p. 649, note. In Medical Jurisprudence. The act of a woman giving birth to her offspring.

Financial Definition of Delivery

The tender and receipt of an actual commodity or financial instrument in settlement of a futures contract.

Synonyms of Delivery

noun

  • actio
  • conveyance
  • conveyancing
  • deliverance
  • dictio
  • elocutio
  • impartment
  • mutual transfer
  • remittance
  • rendering
  • sending
  • shipment
  • surrender
  • transfer
  • transference
  • transferral
  • transmission
  • transmittal
  • transmittance
  • transposal
  • transposition Associated Concepts: absolute delivery
  • acceptance
  • acknowledgment of delivery
  • actual delivery
  • complete delivery
  • conditional delivery
  • constructive delivery
  • contingent delivery
  • delivery and acceptance
  • delivery bond
  • delivery f
  • o
  • b
  • delivery in escrow
  • delivery of a deed
  • delivery of an instrument
  • delivery of deed
  • delivery of freight
  • delivery of goods
  • delivery of instrument
  • delivery of mail
  • delivery of possession
  • delivery terms
  • delivery to a third person
  • failure of delivery
  • failure to make delivery
  • immediate delivery
  • improper delivery
  • misdelivery
  • nondelivery
  • partial delivery
  • personal delivery
  • prompt delivery
  • proper delivery
  • sale and delivery
  • sale for future delivery
  • substituted delivery
  • symbolic delivery
  • tender of delivery
  • unconditional delivery
  • valid delivery foreign phrases: In traditionibus scriptorum
  • non quod dictum est
  • sed quodgestum est
  • inspicitur
  • In the delivery of writings
  • not what is said
  • but what is done
  • is rega rded
  • Periculum rei venditae
  • estemptoris
  • The risk of a thing sold
  • but not yet delivered
  • is the purchaser’s
  • Traditio nihil amplius transferre debet velpotest
  • adeum quiaccipit
  • quam estapudeum quitradit
  • Delivery ought to
  • and can
  • transfer nothing more to him who receives than is in possession of him who makes the delivery
  • Traditio loquifacit chartam
  • Delivery makes the deed speak
  • Traditio nihil amplius transferre debet velpotest
  • adeum quiaccipit
  • quam estapudeum quitradit
  • Delivery ought to
  • and can
  • transfer nothing more to him who receives than is in possession of him who makes the delivery
  • Traditio loquifacit chartam
  • Delivery makes the deed speak

Related Entries of Delivery in the Encyclopedia of Law Project

Browse or run a search for Delivery in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Delivery in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Delivery in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Delivery in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Bailee, Bailment, Blank Endorsement, , C.i.f., C.o.d., Canvasser, Contract, , Execution, F.a.s., Feoffment, Fungibles, Gaol Delivery, , Goods, Hedging, Indorsement, Issue, Judgment Lien, Livery Of Seisin, , Negotiable Instrument, Option, Paralegal, , Payment, Plaint, Post Office, Seisin, Livery Of, Service, Shipment, Short Sale, Stoppage In Transitu, Street Certificate, Symbolic Delivery, Totten Trust.

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Resource Description
Delivery in the Dictionary Delivery in our legal dictionaries
Browse the Legal Thesaurus Find synonyms and related words of Delivery
Legal Maxims Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
Legal Answers (Q&A) A community-driven knowledge creation process, of enduring value to a broad audience
Related topics Delivery in the World Encyclopedia of Law

Notice

This definition of Delivery is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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Resource Description
Topic Map A group of names, occurrences and associations
Topic Tree A topic display format, showing the hierarchy
Sitemap Index Sitemap Index, including Taxonomies
https://legaldictionary.lawin.org/delivery/ The URI of Delivery (more about URIs)

Delivery in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of delivery.

Resources

Legal English Vocabulary: Delivery in Spanish

Online translation of the English legal term delivery into Spanish: entrega (English to Spanish translation) . More about legal dictionary from english to spanish online.

Related to the Legal Thesaurus

Resources

See Also

  • Law Enforcement Officer
  • Policeman
  • Law Enforcement Agency

Further Reading

English Legal System: Delivery

In the context of the English law, A Dictionary of Law provides the following legal concept of Delivery :

The transfer of possession of property from one person to another. Under the Sale of Goods Act 1979, a seller delivers goods to a buyer if he delivers them physically, if he makes symbolic delivery by delivering the document of title to them (e.g. a *bill of lading) or other means of control over them (e.g. the keys of a warehouse in which they are stored), or if a third party who is holding them acknowledges that he now holds them for the buyer. In constructive delivery, the seller agrees that he holds the goods on behalf of the buyer or the buyer has possession of the goods under a hire-purchase agreement and becomes owner on making the final payment.

Concept of Delivery in the context of Real Property

A short definition of Delivery: In conveyancing, the placing of the property in the actual or constructive possession of the grantee. Usually accomplished by delivery of a deed to the buyer or agent of the buyer, or by recording said deed.

Concept of Delivery in the context of Real Property

A short definition of Delivery: In conveyancing, the placing of the property in the actual or constructive possession of the grantee. Usually accomplished by delivery of a deed to the buyer or agent of the buyer, or by recording said deed.

Delivery

Delivery

Hierarchical Display of Delivery

Trade > Distributive trades > Distributive trades
Transport > Transport policy > Transport price > Transportation tariff > Freight rate

Meaning of Delivery

Overview and more information about Delivery

For a more comprehensive understanding of Delivery, see in the general part of the online platform.[rtbs name=”xxx-xxx”]

Resources

Translation of Delivery

Thesaurus of Delivery

Trade > Distributive trades > Distributive trades > Delivery
Transport > Transport policy > Transport price > Transportation tariff > Freight rate > Delivery

See also

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