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

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.