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Delivery of goods in the custody of a third party: the role of the custodier.

Anderson, Craig

Authors

Craig Anderson

Abstract

Delivery, formerly a general requirement in the transfer of ownership of corporeal moveables, is nowadays of much more limited application. Since the coming into force of the Sale of Goods Act 1893 (now the Sale of Goods Act 1979), transfer of ownership of corporeal moveables in the case of sale has been governed by the parties' intentions. Nonetheless, delivery still has a role in the law. It is still necessary in cases other than sale, and is also necessary for the creation of a real right of pledge. In addition, the Sale of Goods Acts have preserved a minor role for delivery in sales of goods.

Journal Article Type Article
Publication Date May 31, 2017
Journal Edinburgh law review
Print ISSN 1364-9809
Electronic ISSN 1755-1692
Publisher Edinburgh University Press
Peer Reviewed Peer Reviewed
Volume 21
Issue 2
Pages 143-168
Institution Citation ANDERSON, C. 2017. Delivery of goods in the custody of a third party: the role of the custodier. Edinburgh law review [online], 21(2), pages 143-168. Available from: https://doi.org/10.3366/elr.2017.0408
DOI https://doi.org/10.3366/elr.2017.0408
Keywords Custodians; Delivery; Sale of goods; Scotland; Transfer of title

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