"Delivery of goods is an essential aspect of a contract of sale." Discuss the statement. Explain the various kinds of delivery recognised under the…

CA Foundation · Business Laws · RTP · September 2026
"Delivery of goods is an essential aspect of a contract of sale." Discuss the statement. Explain the various kinds of delivery recognised under the Sale of Goods Act, 1930.

Suggested Answer and Working Notes:

Delivery - its forms and derivatives: Delivery means voluntary transfer of possession from one person to another [Section 2(2)]. As a general rule, delivery of goods may be made by doing anything, which has the effect of putting the goods in the possession of the buyer, or any person authorized to hold them on his behalf. Forms of delivery: Following are the kinds of delivery for transfer of possession: Actual delivery Constructive delivery Symbolic delivery (i) Actual delivery: When the goods are physically delivered to the buyer. Actual delivery takes place when the seller transfers the physical possession of the goods to the buyer or to a third person authorised to hold goods on behalf of the buyer. This is the most common method of delivery. (ii) Constructive delivery: When transfer of goods is effected without any change in the custody or actual possession of the thing as in the case of delivery by attornment (acknowledgement) Constructive delivery takes place when a person in possession of the goods belonging to the seller acknowledges to the buyer that he holds the goods on buyer's behalf. (iii) Symbolic delivery: When there is a delivery of a thing in token of a transfer of something else, i.e., delivery of goods in the course of transit may be made by handing over documents of title to goods, like bill of lading or railway receipt or delivery orders or the key of a warehouse containing the goods is handed over to buyer. Where actual delivery is not possible, there may be delivery of the means of getting possession of the goods.

Topics: The Sale of Goods Act, 1930

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic