What does Delivery of goods mean? Types of Delivery of goods

Delivery of goods (section. 2(2)

Delivery means voluntary transfer of possession of goods from one person to another [sec. 2(2)]. Delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or his agent (sec.33)

Delivery of goods may be actual, symbolic, or constructive.

1. Actual delivery. Where the goods are handed over by the seller to the buyer or his duly authorized agent, the delivery is said to be actual. Delivery of goods may also be made by doing anything which has the effect of putting the goods in the possession of the buyer [sec 33].

2. Symbolic delivery. Where the goods are ponderous or bulky and incapable of actual delivery, e.g., haystack in a meadow, the delivery may be symbolic. Handing over of the key of a warehouse to the buyer is symbolic delivery of the goods to the buyer and is as effective as actual delivery, even though there is no change in the possession of the goods.

3. Constructive delivery or delivery by attornment .Where a third person (e.g., a bailee) who is in possession of the goods of the seller at the time of the sale acknowledges to the buyer that he holds the goods on his behalf, there takes place a delivery by attornment or constructive delivery [sec.36(3)]. This may happen in the following cases:


(a) where the seller in possession of the goods agrees to hold them on behalf of the buyer.

(b) Where the buyer is in possession of the goods and the seller agrees to the buyer’s holding the goods as owner.

(c) Where a third person in possession of the goods acknowledges to the buyer that he holds them on his behalf.

Example. A sells to B 10 bags of wheat lying in C’s Go down. A gives an order to C, asking him to transfer the goods to B. C assents to such order and transfer the goods in his books to B. this is a delivery by attornment.