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de·liv·ery n pl -er·ies: an act that shows a transferor's intent to make a transfer of property (as a gift); esp: the transfer of possession or exclusive control of property to anotheractual delivery: a delivery (as by hand or shipment) of actual physical property (as jewelry or stock certificates)conditional delivery: a delivery after which ownership will be transferred upon fulfillment of a condition compare gift causa mortis at gift◇ A conditional delivery is usu. made in order to make a transfer revocable.constructive delivery: a delivery of a representation of property (as a written instrument) or means of possession (as a key) that is construed by a court as sufficient to show the transferor's intent or to put the property under the transferee's control – called also symbolic delivery;
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
noun
actio, conveyance, conveyancing, deliverance, dictio, elocutio, impartment, mutual transfer, remittance, rendering, sending, shipment, surrender, transfer, transference, transferral, transmission, transmittal, transmittance, transposal, transposition
associated concepts: absolute delivery, acceptance, acknowledgment of delivery, actual delivery, complete delivery, conditional delivery, constructive delivery, contingent delivery, delivery and acceptance, delivery bond, delivery f o.b., delivery in escrow, delivery of a deed, delivery of an instrument, delivery of deed, delivery of freight, delivery of goods, delivery of instrument, delivery of mail, delivery of possession, delivery terms, delivery to a third person, failure of delivery, failure to make delivery, immediate delivery, improper delivery, misdelivery, nondelivery, partial delivery, personal delivery, prompt delivery, proper delivery, sale and delivery, sale for future delivery, substituted delivery, symbolic delivery, tender of delivery, unconditional delivery, valid delivery
foreign phrases:
- In traditionibus scriptorum, non quod dictum est, sed quod gestum est, inspicitur. — In the delivery of writings, not what is said, but what is done, is regarded.- Periculum rei venditae, nondum tradltae, est emptoris. — The risk of a thing sold, but not yet delivered, is the purchaser's.- Traditio nihil amplius transferre debet vel potest, ad eum qui accipit, quam est apud eum qui tradit. — Delivery ought to, and can, transfer nothing more to him who receives than is in possession of him who makes the delivery.- Traditio loqui facit chartam. — Delivery makes the deed speakII index alienation (transfer of title), assignment (transfer of ownership), birth (emergence of young), cession, conveyance, course, demise (conveyance), devolution, discharge (release from obligation), disposition (transfer of property), intonation, issuance, liberation, parlance, rhetoric (skilled speech), speech, transmittal
Burton's Legal Thesaurus. William C. Burton. 2006
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1. the transferring of possession from one person to another.2. a method by which a bill of exchange (or other negotiable instrument) is transferred. If the bill is made out to 'bearer', delivery is all that is needed to effect the transfer and confer on the transferee a valid title good against the whole world; if the bill is made out to the order of a named person, delivery must be preceded by indorsement by that person or by another as holder in due course.3. the formal act whereby a deed becomes effective; any act manifesting an intention that the document is to be effective as a deed will be sufficient to constitute an act of delivery.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. 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. The Sale of Goods Act 1979 lays down some rules as to delivery but not a complete code:(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;(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;(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;(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;(5) demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour; and what is a reasonable hour is a question of fact;(6) unless otherwise agreed, the expenses of, and incidental to, putting the goods into a deliverable state must be borne by the seller.Delivery to a carrier involves other rules. Where the seller is authorised 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.Unless otherwise authorised 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 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. These rules involving delivery via sea should be considered against a knowledge of the common contracts involved, known as ex-ship, cif and fob.See also non-delivery, which includes late delivery and defective delivery, and See instalment deliveries.
Collins dictionary of law. W. J. Stewart. 2001.
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The transfer of an object, money, or document to another. To be effective, real estate deeds must be delivered, but delivery does not necessarily require that the new owner be given physical possession of the deed. If a deed is acknowledged and recorded, the law generally presumes that delivery was made.Category: Real Estate & Rental Property → Buying a HouseCategory: Real Estate & Rental Property → Selling a House
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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The final formality required for the execution of a deed, by which the maker demonstrates in some way that it intends the deed to take effect. It does not necessarily entail the physical delivery or transfer of the document, although that would demonstrate the necessary intention.Related links
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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n. The act of granting legal possession, custody, or control of something, to another; the thing so transferred.@ constructive deliveryAbsent actual delivery of goods or item, an action or communication which conveys property to another, even if actual possession is not taken, as opposed to actual delivery, which is complete upon transfer of property, or conditional delivery, in which property is delivered but ownership is subject to further action, e.g., payment.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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The transfer of possession of real property or personal property from one person to another.
Dictionary from West's Encyclopedia of American Law. 2005.
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The transfer of possession of real property or personal property from one person to another.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.the actual handing to another of an object, money or document (such as a deed) to complete a transaction. The delivery of a deed transfers title (provided it is then recorded), and the delivery of goods makes a sale complete and final if payment has been made. Symbolic or constructive delivery (depositing something with an agent or third person) falls short of completion unless agreed to by the parties.
Law dictionary. EdwART. 2013.
