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Delivery of goods in the custody of a third party: operation and basis.

Anderson, Craig

Authors

Craig Anderson



Abstract

In this article, Craig Anderson examines the historical origins and current law of the Scottish rules concerning how delivery of goods in the custody of a third party may be validly effected by transferor to transferee. The author suggests that the form of constructive delivery permitted by law is best analysed as an assignation of the transferor's personal right against the custodier. On this argument, the custodier then ceases to hold the goods for the transferor and begins to hold them for the transferee. As a result, the transferee acquires civil possession of the goods and delivery is complete.

Citation

ANDERSON, C. 2015. Delivery of goods in the custody of a third party: operation and basis. Edinburgh law review [online], 19(2), pages 165-185. Available from: https://doi.org/10.3366/elr.2015.0270

Journal Article Type Article
Acceptance Date Apr 30, 2015
Online Publication Date Apr 30, 2015
Publication Date May 31, 2015
Deposit Date Jun 29, 2015
Publicly Available Date Jun 29, 2015
Journal Edinburgh law review
Print ISSN 1364-9809
Electronic ISSN 1755-1692
Publisher Edinburgh University Press
Peer Reviewed Peer Reviewed
Volume 19
Issue 2
Pages 165-185
DOI https://doi.org/10.3366/elr.2015.0270
Keywords Goods; Delivery of goods; Legal history; Forms of delivery; Constructive delivery; Assignation; Possession
Public URL http://hdl.handle.net/10059/1224

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