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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

This article is concerned with delivery of goods that are in the custody of a third party, rather than that of the transferor or transferee, this delivery being effected by intimation to the custodier. Building on the idea that delivery here is based on an assignation of the transferor's right to enforce the duties owed by the custodier, the article considers the role of the custodier in the process. In particular, consideration is given to whether any action on the custodier's part is necessary to complete the process of delivery, and whether there must be a contractual relationship between the custodier and the transferor for this form of delivery to operate.

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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