State the term “Delivery” and it’s types under Sales of Goods Act, 1930.
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Delivery of goods means the voluntary transfer of the possession of goods from one person to the other. The transfer of possession is the end result of the whole delivery process. It is not necessary that the person to whom the goods are delivered is a buyer, he can be any other person authorized by the buyer. The definition of the term delivery is defined under Section 2(2) of the Act.
There are different forms of delivery of goods according to the Sale of Goods Act, 1930:
• Actual Delivery – It takes place when the goods are physically handed over to the buyer or any person authorized by him.
Example – A, the seller of furniture handed over the ordered furniture to B, the case is of actual delivery of the goods.• Constructive Delivery – In the case of constructive delivery, the transfer of goods can be done without a change in the possession or custody of goods. Acknowledgment and attornment can be called constructive delivery.
• Symbolic Delivery – Symbolic delivery is made wherein the goods are heavy and bulky and it is difficult to hand over the goods to the buyer physically. In this situation, the delivery is made by indicating or giving a symbol that the goods are under the possession of the buyer.
Example – The delivery of the keys of the warehouse where the goods are kept is considered to be the symbolic delivery. A document like a bill of lading must be given to the buyer to make him entitled to hold the delivered goods.
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