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

Anderson, Craig

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.

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

• Journal Article Type: Article
• Acceptance Date: Sep 19, 2016
• Online Publication Date: May 31, 2017
• Publication Date: May 31, 2017
• Deposit Date: Nov 8, 2016
• Publicly Available 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
• DOI: https://doi.org/10.3366/elr.2017.0408
• Keywords: Custodians; Delivery; Sale of goods; Scotland; Transfer of title
• Public URL: http://hdl.handle.net/10059/1937