The transferring of a deed from the grantor to the See also NON-DELIVERY, which includes late delivery and defective delivery, and see instalment delivery.Ĭollins Dictionary of Law © W.J. These rules involving delivery via sea should be considered against a knowledge of the common contracts involved, known as EX-SHIP, CIF and F.O.B. Where goods are sent by the seller to the buyer by a route involving sea transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit and if the seller fails to do so, the goods are at his risk during such sea transit. Unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable, having regard to the nature of the goods and the other circumstances of the case and if the seller omits to do so, and the goods are lost or damaged in the course of transit, the buyer may decline to treat the delivery to the carrier as delivery to himself or may hold the seller responsible in damages. Where the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier (whether named by the buyer or not) for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer. (6) unless otherwise agreed, the expenses of, and incidental to, putting the goods into a deliverable state must be borne by the seller.ĭelivery to a carrier involves other rules.(5) demand or tender of delivery maybe treated as ineffectual unless made at a reasonable hour and what is a reasonable hour is a question of fact.(4) where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until the third person acknowledges that he holds the goods on his behalf.

(3) where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time.(2) apart from any such contract, express or implied, the place of delivery is the seller's place of business if he has one, and, if not, his residence except that, if the contract is for the sale of specific goods, which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery.(1) whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied.The Sale of Goods legislation lays down some rules as to delivery but not a complete code: Unless otherwise agreed in the contract, delivery of the goods and payment of the price are concurrent conditions the seller should be ready and willing to give possession of the goods in exchange for the price, and the buyer should be ready and willing to pay the price in exchange for the possession of the goods. 4 in sale, it is the duty of the seller to deliver the goods and of the buyer to accept and pay for them in accordance with the terms of the contract of sale.

Precipitate delivery