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

Anderson, Craig

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