Define the term Delivery. Also Explain the modes of Delivery of Goods.
Define the term Delivery. Also explain the modes of Delivery of Goods.
Meaning-
The voluntary transfer of
possession from one person to another is referred to as delivery of goods. A
delivery process is the goal or end result of any such procedure that results
in the items being delivered to the buyer. The products may be delivered even
if they are transferred to someone other than the buyer who is authorized to
hold the items on the buyer's behalf.
Definition-
On Delivery of goods by the seller (Section 31): “Delivery of goods means voluntary transfer of possession of goods from one person to another.”-U/S 2(2) of Sale of Goods Act,1930.
Modes of delivery of goods-
1. Actual
Delivery- By giving in possession, the seller physically hands over the
agreed items to the buyer. In other words, where the goods are actually given
by one person to another it is called actual delivery of goods.
For example- A, the seller, hands over
a car to B, the buyer; this is an example of actual delivery of goods.
2. Symbolic
delivery- When there is no actual transfer of goods from one hand to
another, a symbol representing those goods is transferred from one person to
another so that the transferee has control over the goods. The goods may remain
in the same location, but control over them shifts from one person to another.
Where the goods are bulky and cannot be
delivered physically, the delivery may be symbolic.
For example, the act of handing over
the key to the godowns with the goods inside is referred to as symbolic
delivery.
3. Constructive delivery- Even if there
is no change in the possession or custody of the goods, the transfer of goods
can be completed. In some cases, the goods may be delivered by another mode in
which neither physical nor symbolic delivery is performed, but an act places
the goods in the custody of the other person.
For example, A constructive delivery
is one that is made through attornment or acknowledgment. If you pick up a
package on a friend's behalf and agree to keep it for him.
Conclusion-
These are the modes of delivery of goods in Sales of goods act. Different modes are used in different situation.
Thanks 💚🙂
ReplyDelete