Sales of Goods Act - Actual, Symbolic and Constructive Delivery (Types of Deliveries)

Section 2(3) defines what a "delivery mean". It states as below

(2) "delivery" means voluntary transfer of possession from one person to another;
It is simply a voluntary transfer. This is similar to Free consent discussed in Contract At.

It includes below type of deliveries

Actual Delivery: When goods are actual delivered to a person. For example Mr Ajay Devgan orders 1000 Units of Vimal Pan Masala. When seller deliver this to his house or place agreed  by them, it will be called as actual delivery.

Constructive Delivery: In this case, delivery appears to be done, even thought physical delivery is not done. For example if A sells 10 Tons of rice to B which is in godown of A. If transaction is done, and ware house person is holding goods transferred to B at the request of A, it will be called as constructive delivery. It is necessary in this case that this warehouse guy knows that now goods belong to A.

Symbolic Delivery: Sometimes delivery become difficult, because of the nature of transaction. Say Selling of Road Roller. It's not that you need to deliver Road Roller to buyer, instead you can simply hand over the key of it. In such a case it will be symbolic delivery.


Another important definition in Sales and Goods Act is about Deliverable State.

Goods are said to be in a deliverable state when they are in such a condition that the buyer
would, under the contract, be bound to take delivery of them [Section 2(3)].

For example, when A contracts to sell timber and make bundles thereof, the goods will be in a deliverable state after A has put the goods in such a condition.

Thanks
Legalfundaa

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