法律英语词汇“delivery”的翻译、意思、用法、释义-法律词典

单词

delivery

释义

delivery

delivery 1. the transferring of possession from one person to another.

2. a method by which a BILL OF EXCHANGE (or other negotiable instru- ment) is transferred. If the bill is made out to 'BEARER', delivery is all that is needed to effect the transfer and confer on the transferee a valid title good against the whole world; if the bill is made out to the order of a named person, delivery must be preceded by indorsement by that person or by another as holder in due course.

3. the formal act whereby a DEED becomes effective; any act mani- festing an intention that the document is to be effective as a deed will be sufficient to constitute an act of delivery.

4. in SALE, it is the duty of the seller to deliver the goods and of the buyer to accept and pay for them in accordance with the terms of the contract of sale. Unless otherwise agreed in the contract, delivery of the goods and payment of the price are concurrent conditions; the seller should be ready and willing to give possession of the goods in exchange for the price, and the buyer should be ready and willing to pay the price in exchange for the possession of the goods. The Sale of Goods Act 1979 lays down some rules as to delivery but not a com- plete code:

(1) whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied;

(2) apart from any such contract, express or implied, the place of delivery is the seller's place of business if he has one, and, if not, his residence; except that, if the contract is for the sale of specific goods, which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery;

(3) where under the contract of sale the seller is bound to send the

122

de minimus non curat lex

goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time;

(4) where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until the third person acknowledges that he holds the goods on his behalf;

(5) demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour; and what is a reasonable hour is a ques- tion of fact;

(6) unless otherwise agreed, the expenses of, and incidental to, put- ting the goods into a deliverable state must be borne by the seller. Delivery to a carrier involves other rules. Where the seller is autho- rised or required to send the goods to the buyer, delivery of the goods to a carrier (whether named by the buyer or not) for the pur- pose of transmission to the buyer is prima facie deemed to be a deliv- ery of the goods to the buyer.

Unless otherwise authorised by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be rea- sonable, having regard to the nature of the goods and the other cir- cumstances of the case; and if the seller omits to do so, and the goods are lost or damaged in the course of transit, the buyer may decline to treat the delivery to the carrier as delivery to himself or may hold the seller responsible in damages.

Where goods are sent by the seller to the buyer by a route involv- ing sea transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit; and if the seller fails to do so, the goods are at his risk during such sea transit. These rules involving delivery via sea should be considered against a knowledge of the common contracts involved, known as EX-SHIP, CIF and FOB. See also NON- DELIVERY, which includes late delivery and defective delivery, and see INSTALMENT DELIVERY.

随便看

法律词典收录了2351条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。