| 词汇 | Delivery |
| 释义 | `1`Delivery `2` "Legal Lexicon": DELIVERY - The transferring of a deed from the grantor to the grantee in such a manner as to deprive him of the right to recall it, or the delivery may be made and accepted by an attorney. This is indispensably necessary to the validity of a deed except for the deed of a corporation, which must be executed under their common seal. But although, as a general rule the delivery of a deed is essential to its perfection, it is never averred in pleading. As to the form, the delivery may be by words without acts; such as if the deed be lying upon a table, and the grantor says to the grantee, 'take that as my deed'; or it may be by acts without words, and therefore a dumb man may deliver a deed. A delivery may be either absolute, as when it is delivered to the grantor himself; or it may be conditional, such as to a third person to keep until some condition shall have been performed by the grantee, and then it is called an escrow. Contracts. The transmitting the possession of a thing from one person into the power and possession of another. Originally, delivery was a clear and unequivocal act of giving possession, accomplished by placing the subject to be transferred in the hands of the buyer or his avowed agent, or in their respective warehouses, vessels, carts, and the like. This delivery was properly considered as the true badge of transferred property; as importing full evidence of consent to transfer; preventing the appearance of possession in the transferrer from continuing the credit of property unduly; and avoiding uncertainty and risk in the title of the acquirer. However, the complicated transactions of modern trade render strict adherence to this simple rule impossible. It often happens that the purchaser of a commodity cannot take immediate possession and receive the delivery. The bulk of the goods; their peculiar situation, as when they are deposited in public custody for duties, or in the hands of a manufacturer for the purpose of having some operation performed upon them; the frequency of bargains concluded by correspondence between distant countries and many other obstructions, frequently render it impracticable to give or receive actual delivery. In such cases, something short of actual delivery has been considered sufficient to transfer the property. In sales, gifts, and other contracts, where the party intends to transfer the property, the delivery must be made with the intent to enable the receiver to obtain dominion over it. The delivery may be actual, by putting the thing sold in the hands or possession of the purchaser; or it may be symbolical, as where a man buys goods which are in a room, the receipt of the keys will be sufficient. There is sometimes considerable difficulty in ascertaining the particular period when the property in the goods sold passes from the vendor to the vendee; and what facts amount to an actual delivery of the goods. Certain rules have been established, and the difficulty is to apply the facts of the case. Where goods are sold, if nothing remains to be done on the part of the seller as between him and the buyer before the article is to be delivered, the property has passed. Where a chattel is made to order, the property therein is not vested in the quasi vendee until finished and delivered, though he has paid for it. The criterion to determine whether there has been a delivery on a sale is to consider whether the vendor still retains, in that character, a right over the property. Where a part of the goods sold by an entire contract has been taken possession of by the vendee, that shall be deemed a taking possession of the whole. Such partial delivery is not a delivery of the whole so as to vest in the vendee the entire property in the whole, where some act, other than the payment of the price, is necessary to be performed in order to vest the property. Where goods are sent by order to a carrier the carrier receives them as the vendee's agent. Go to Delivery2 |
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