DELIVERY

6 definitions found across Law Mind sources

See encyclopedia: Personal Property -- Gifts (Inter Vivos, Causa Mortis -- Delivery, Intent, Acceptance) →
DELIVERYAuthored
The Law Mind • 1850 words
Definition
Delivery is the act of transferring possession, title, or control of a thing — a deed, goods, or instrument — from one person to another with the intent that the transfer be effective. It is a foundational concept across multiple areas of law, and its precise meaning shifts by context. 1. CONVEYANCING (DEEDS): The final and absolute transfer of an executed deed from the grantor to the grantee, or to a third party for the grantee's benefit, in such a manner that the grantor cannot recall it at will. Delivery in this sense is not merely physical handover — it is determined by intent. The controlling question is whether the grantor, by words or acts or both, manifested an intention to divest himself of title. A deed may be handed to a stranger yet not be legally delivered; conversely, a deed may be delivered without physical transfer if the grantor's intent to relinquish control is clear. 2. PERSONAL PROPERTY AND SALES: The tradition or transfer of possession of personal property from one person to another. Delivery of goods may be actual (physical transfer) or constructive (some act that is legally equivalent to physical transfer, such as handing over a key or transferring a document of title). Constructive delivery is recognized where the goods are bulky, inaccessible, or where parties agree to treat a symbolic act as equivalent. 3. NEGOTIABLE INSTRUMENTS: The voluntary transfer of an instrument from the maker or drawer to a payee or holder. Delivery is essential to the validity of a negotiable instrument — an undelivered note or check creates no obligation on the maker.
Common Language
Modern common usage (Wiktionary): The act of conveying something; the item which has been conveyed; also used for childbirth, pitching in baseball, bowling in cricket, and the manner of speaking or singing. Historical common usage (Webster's 1913): The act of delivering from restraint; rescue or release; also the surrender or transfer of a thing; the act or style of utterance; the act of giving birth. The common usage of "delivery" centers on physical conveyance — a package arrives, a speech is given, a child is born. Legal delivery adds a layer that ordinary usage does not carry: the intent to relinquish control is the operative fact, not the physical act alone. A grantor who hands over a deed while secretly intending to reclaim it has not delivered it in law. This gap between physical transfer and legal delivery is where most litigation arises.
Common Confusion
ABSOLUTE VS. CONDITIONAL DELIVERY An absolute delivery passes the deed immediately and irrevocably. A conditional delivery — where the deed is placed with a third party pending satisfaction of a condition — is not delivery to the grantee at all; it is an escrow. The deed takes effect only upon satisfaction of the condition. Older sources sometimes use "delivery in escrow" loosely; the legal consequence is that no title passes until the condition is met.
Core Elements
DELIVERY OF A DEED (CONVEYANCING) 1. Execution: The deed must be properly executed before delivery can occur. 2. Intent: The grantor must intend to divest himself of title and control — this is the determinative element. 3. Transfer: The deed must pass from the grantor's dominion, whether to the grantee directly, to a third party for the grantee, or by unambiguous act manifesting relinquishment. 4. Irrevocability: The grantor must have no retained right to recall the deed at will. Retention of such a right defeats delivery. 5. Acceptance: Delivery is generally complete only upon acceptance by the grantee, though acceptance is presumed when the conveyance is beneficial. DELIVERY OF GOODS (SALES) 1. Intent of parties to transfer possession. 2. Actual or constructive transfer of possession or control. 3. For constructive delivery: some symbolic or representative act recognized as equivalent (key, document of title, bill of lading, warehouse receipt).
Recognized Forms
/SUBTYPES ABSOLUTE DELIVERY: Delivery complete upon the act itself; no conditions attach. Title passes immediately. CONDITIONAL DELIVERY / ESCROW: Deed or instrument placed with a neutral third party to be delivered to the grantee only upon satisfaction of a stated condition. No title passes until the condition is fulfilled and the instrument is released. ACTUAL DELIVERY: Physical, manual transfer of the thing itself. CONSTRUCTIVE DELIVERY: A legally recognized act or symbol that stands in place of physical transfer — handing over a warehouse key, endorsing a bill of lading, delivery of a document of title. SYMBOLIC DELIVERY: A subspecies of constructive delivery involving an object representing the goods (e.g., a sample, a token) accepted by the parties as standing for the whole. DELIVERY TO A THIRD PARTY FOR THE GRANTEE: A deed delivered to an agent or friend of the grantee, with intent that it benefit the grantee, constitutes valid delivery if subsequently assented to by the grantee.
Why It Matters in Research
Delivery is one of the most doctrine-dense terms in the Law Mind corpus because it operates differently across property, contracts, commercial law, and negotiable instruments — and because its meaning has been refined substantially by case law that is invisible if a researcher reads only the dictionary definitions. NAVIGATING DEED CASES: Historical deed cases frequently turn on whether delivery occurred, not on the content of the deed itself. When reading pre-twentieth-century real property opinions, pay attention to the factual record of what the grantor said and did at or near the time of execution. Courts scrutinized deathbed conveyances especially closely for delivery — a grantor who kept the deed in a drawer "for" the grantee was often found not to have delivered it. THE INTENT TEST AND PHYSICAL POSSESSION: Both Black's (1st Ed.) and Bouvier's make clear that physical possession of the deed is not conclusive either way. Bouvier's states the test plainly: "did the grantor, by his acts or words, or both, intend to divest himself of title?" Researchers should apply this test when evaluating historical delivery disputes rather than relying on who held the paper. ESCROW TRAPS: The conditional delivery / escrow distinction is frequently misread in older sources. A deed "delivered" to a third party pending a condition is in escrow, not delivered to the grantee. Title does not pass. Researchers analyzing chain-of-title questions should treat any third-party holding of a deed as potentially creating an escrow, and examine what conditions were stated. GOODS AND THE UCC TRANSITION: The historical law of delivery of goods — rooted in common law tradition — was substantially codified and modified by the Uniform Commercial Code in the mid-twentieth century. Historical sources (Rapalje & Lawrence, Burrill's) describe the pre-UCC framework. Researchers working on commercial law questions should note which era's rules apply before applying historical definitions to modern transactions. NEGOTIABLE INSTRUMENTS: Delivery of a note or check without intent to pass it creates no legal obligation. This principle appears across the historical dictionaries and remains significant in fraud and forgery contexts. CORPUS CONNECTIONS: The deed delivery entry in this dictionary connects directly to escrow doctrine, acceptance of deeds, and title passage. Researchers working through real estate transaction problems should consult the encyclopedia entry on Deed Requirements alongside instrument-specific entries on escrow and acceptance.
Historical Dictionary Support
The historical dictionaries converge on the core principle — delivery requires intent to relinquish, not merely physical transfer — but vary in emphasis and coverage. Burrill's Law Dictionary gives the most structurally precise account, identifying delivery as "one of the essential requisites to the validity of a deed" and distinguishing absolute from conditional (escrow) delivery with reference to Blackstone's Commentaries. Burrill notes the Latin roots (traditio for goods, deliberatio for formal conveyancing) and grounds the analysis in civil law tradition, making his entry useful for tracing doctrinal lineage. Bouvier's Law Dictionary provides the most practically useful formulation for deed delivery: the real test is the grantor's intent to divest himself of title, as evidenced by acts or words or both. Bouvier's also addresses the third-party delivery scenario — a deed delivered to a third party for the grantee, subsequently assented to by the grantee, is as effective as direct delivery. This formulation was widely cited and remains doctrinally accurate. Black's Law Dictionary (1st Ed.) handles both conveyancing and sales law, defining delivery of goods as "the tradition or transfer of the possession of personal property from one person to another" and explicitly recognizing the actual/constructive distinction. The entry is compact but covers both major contexts. Rapalje & Lawrence focuses on the personal property / chattel dimension, treating delivery primarily as transfer of possession of movables. Their citation string to New Hampshire, Vermont, and English reporters reflects the common law roots of the doctrine. Their entry is less useful for deed delivery but more useful for historical sales law research. The Anderson's entry retrieved in the source material is mismatched (it defines in pari delicto) and provides no usable content for this entry. The Black's 2nd Ed. excerpt retrieved is similarly mismatched, describing mental derangement rather than delivery. Researchers should note this as a corpus artifact; both Black's editions contain substantive delivery entries not captured in the retrieved excerpts. None of the historical dictionaries fully addresses the UCC framework for goods delivery, which post-dates all of them. None addresses electronic delivery or e-signature act delivery rules, which are now operative in most jurisdictions.
Jurisdictional Note
The intent-based test for deed delivery is nearly universal in American common law jurisdictions. However, the specifics of what acts and words suffice to establish or defeat delivery vary by state case law. Some jurisdictions apply a strong presumption of delivery upon physical transfer; others require affirmative evidence of intent. Delivery rules for goods were substantially unified by Article 2 of the Uniform Commercial Code, adopted in all U.S. states (with Louisiana variations), though the UCC's own delivery provisions have been subject to revision and state-level non-uniform amendments.
Encyclopedia Cross-Reference
Deed Requirements — Writing, Description, Grantor/Grantee, Delivery, and Acceptance (The Law Mind Real Estate Transactions & Construction Encyclopedia) Build-to-Suit Agreements — Development, Lease, and Delivery Obligations (The Law Mind Real Estate Transactions & Construction Encyclopedia) Project Delivery Methods — Design-Bid-Build, Design-Build, CM at Risk, and Integrated Project Delivery (The Law Mind Real Estate Transactions & Construction Encyclopedia)
Related Terms
acceptanceactual deliverybill of ladingconditional deliveryconstructive deliverydeeddocument of titleescrowgiftgrantorgranteeintentnegotiable instrumentpossessionsymbolic deliverytitletraditiontransferwarehouse receipt
DELIVERYmain
Black's Law Dictionary • 1891
In conveyancing. The final and absolute transfer of a deed, properly executed, to the grantee, or to some person for his use, in such manner that it cannot be recalled by the grantor. 13 N. J. Eq. 455; 1 Dev. Eq. 14. In the law of sales. The tradition or transfer of the possession of personal prop- erty from one person to another. Delivery is either actual or constructive. Thus, if goods cannot conveniently be actually handed from one person to another, as if they are in a warehouse or a ship, the delivery of the key of the warehouse, a delivery order, bill of lading, etc., is a constructive or symbolical delivery of the goods themselves. Williams, Pers. Prop. 37; Benj. Sales, 573. Demand embraces all sorts of actions, rights, and titles, conditions before or after breach, executions, appeals, rents of all kinds, covenants, annuities, contracts, recognizances, statutes, commons, etc. A release of all demands to date bars an action for damages accruing after the date from a nuisance previously erected. 1 Denio, 257. Demand is more comprehensive in import than "debt" or "duty." 4 Johns. 536; 2 Hill, 220. Demand, or claim, is properly used in reference to a cause of action. 32 How. Pr. 280. An imperative request preferred by one person to another, under a claim of right, re- quiring the latter to do or yield something or to abstain from some act. A
DELIVERYmain
Bouvier's Law Dictionary • 1928
In Conveyancing. The transfer of a deed from the grantor to the grantee, or some person acting in his be- half, in such a manner as to deprive the grantor of his right to recall it at his option. An absolute delivery is one which is com- plete upon the actual transfer of the instru- ment from the possession of the grantor. A conditional delivery is one which passes the deed from the possession of the grantor, but is not to be completed by possession in the grantee, or a third person as his agent, until the happening of a specified event. A delivery in this manner is an escrow (q. v.). No particular form is required to effect a delivery. It may be by acts merely, by words merely, or by both combined; but in all cases an intention that it shall be a deliv- ery must exist; Comyns, Dig. Fait (A); 1 Wood. Conv. 193; 6 Sim. 31; 11 Vt. 621; 18 Me. 391; 2 Pa. 191; 12 Johns. 536; 20 Pick. 28; 4 J. J. Marsh. 572; 141 III. 400; 38 Minn. 443; 69 Tex. 513; 16 Ог. 487. "Although a delivery is essential to the transfer of title under a deed, no formality, either of words or action, is necessary to constitute it. Anything which signifies the intention of the grantor to part with his control or dominion over the paper, so that it may become a muniment of title in the grantee, operates as a legal delivery. The question of delivery is purely one of in- tention. With respect to the measure of proof required, a difference is recognized in the cases depending upon the character of the deed, whether it be voluntary or made to give effect to a sale. In the former case the intention to part with the control of the deed is not presumed and a delivery must be proved strictly.... But if the conveyance be for a valuable consideration and absolute on its face, the intention to consummate the conveyance by the de- livery of the deed as a muniment of title is inferred from the grantor's parting with the possession of it, whether it be to the grantee directly or to some third person-if he part with it without any condition or re- servation." Bates, Ch., in 4 Del. Ch. 326. In the absence of direct evidence, the delivery of a deed will be presumed from the con- current acts of the parties recognizing a transfer of title; 94 U. S. 405; 160 Pa. 336; 148 III. 426. So long as a deed is within the control and subject to the dominion and authority of the grantor, there is no deliv- ery, without which there can be no deed; 37 W. Va. 725. The possession of a deed by the grantee therein, is prima facie evidence of its delivery; 32 Fla. 264; 70 Hun 600; 98 Ala. 470. The deed of a corporation was said to be delivered by affixing the cor- porate seal; Co. Litt. 22, n., 36, n.; Cro. Eliz. 167; 2 Rolle, Abr. Fait (I). It may he made by an agent as well as by the grantor himself; 9 Mass. 307; 4 Day 66; 5 B. & C. 671; 2 Washb. R. P. 579; or to an agent previously appointed; 6 Metc. 856; or subsequently recognized; 22 Me. 121; 14 Ohio 807; but a subsequent assent on the part of the grantee will not be pre- sumed; 9 Ill. 177; 1 N. H. 853; 15 Wend. 656. See, also, 9 Mass. 307; 4 Day 66; 2 Ired. Eq. 557. Where a father in purchas- ing land has the deed executed in the name of his minor son, the delivery of the deed to the father is sufficient delivery to the son; 107 Mo. 101. The delivery of a deed to a third person for the grantee's benefit, followed by an as- sertion of title by the grantee, is a good delivery; 146 III. 262; as is also such a de- livery where the third person is to be custo- dian, but where the deed is not to go into force until after the grantor's death; 68 Hun 490. To complete a delivery, acceptance must take place, which may be presumed from the grantee's possession; 1 Har. & J. 319; 4 Pick. 518; 2 Ala. 136; 1 N. H. 353; 4 Fla. 859; 108 Mo. 110; 1 Zabr. 379; from the re- lationship of a person holding the deed to the grantee; 7 III. 557; 1 Johns. Ch. 240, 456; and from other circumstances; 18 Conn. 257; 5 Watts 243. The execution and registration of a deed, and delivery of it to the register for that purpose, do not vest the title in the grantee; he must first ratify these acts; 8 Wall. 636; 10 Mass. 456; 3 Metc. 281; 55 N. W. Rep (Ia). 326; but see 87 Mich. 349; but they are prima facie evidence of delivery; 79 Pa. 15; 91 Tenn. 147; 94 Mich. 204. There can ordinarily be but one valid de- livery; 12 Johns. 536; 20 Pick. 28; which can take place only after complete execu- tion; 2 Dev. 379; 148 U. S. 21. But there must be one; 2 Harring. 197; 16 Vt. 563;2 Washb. R. P. 581; Mitch. R. P. 464; and from that one the deed takes effect; 12 Mass. 455; 4 Yeates 278; 18 Me. 190. See 1 Denio 323. The delivery of a deed in escrow contrary to the condition is voidable; 2 W. N. C. Pa. 504; but it cannot be avoided, as against a bona fide purchaser, without proof by the most unexceptionable testimony, of facts which avoid the title; and the onus of showing such facts is on the grantor; 10 Pa. 285. In Contracts. The transfer of the pos- session of a thing
DELIVERYmain
Bouvier's Law Dictionary • 1928
be manually given by the grantor to the grantee, yet this is not necessary. The real test of delivery is, did the grantor, by his acts or words, or both, intend to divest hin.- self of titles? If so, the deed is delivered. And it is now well settled that a deed may be delivered to a third person for the grantee, and if subsequently assented to by the grantee it will be as good a delivery as if handed to him in person; and any words or acts which show an intention to receive the title will be sufficient to prove the acceptance. 50 S. W. 39. Of Goods. Delivery of goods by a con- signor to a common carrier for account of a consignee amounts to a delivery and where a purchaser directs delivery of the goods for his account to a designated carrier the latter becomes his agent. Delivery by the con- signor, and acceptance by the consignee or his agent, of bills of lading issued by a com- mon carrier for goods, constitute a delivery. 207 U. S. 229. In Medical Jurisprudence. The act of a woman giving birth to her offspring. Pretended delivery may present itself in three points of view. First, when the female who feigns has never been pregnant. When thoroughly inves- tigated, this may always be detected. There are signs which must be present and cannot be feigned. An enlargement of the orifice of the uterus, and a tumefaction of the organs of generation, should always be present, and if absent are conclusive against the fact. 2 Annales d'Hygiène, 227. Second, when the pretended pregnancy and delivery have been preceded by one or more deliveries. In this case attention should be given to the following cir- cumstances: the mystery, if any, which has been affected with regard to the situation of the female; her age; that of her husband: and, particularly, whether aged or decrepit. Third, when the woman has been actually delivered, and substitutes a living for a dead child. But little evidence can be obtained on this subject from a physical examination, A Concealed delivery generally takes place when the woman either has destroyed her offspring or it was born dead. In suspected cases the following cir- cumstances should be attended to: First, the proofs of pregnancy which arise in consequence of the ex- amination of the mother. When she has been preg- nant, and has been delivered, the usual signs of delivery, mentioned below, will be present. careful investigation as to the woman's appearance before and since the delivery will have some weight; though such evidence is not always to be relied upon, as such appearances are not unfre- quently deceptive. Second, the proofs of recent delivery. Third, the connection between the sup- posed state of parturition and the state of the child that is found; for if the age of the child do not cor- respond to that time, it will be a strong circum- stance in favor of the mother's innocence. A redness of the skin and an attachment of the umbilical cord to the navel indicate a recent birth, Whether the child was living at its birth, belongs to the subject of infanticide. The usual signs of delivery are very well collected in Beck's excellent treatise on Medical Jurispru- dence, and are here extracted:- If the female be examined within three or four days after the occurrence of delivery, the following circumstances will generally be observed: greater or less weakness, a slight paleness of the face, the eye a little sunken and surrounded by a purplish or dark-brown colored ring, and a and a whiteness of the skin like that of a person nvalescing from disease. The belly is soft, the skin of the abdomen is lax, lies in folds, and is traversed in various directions by shin- ing reddish and whitish lines, which especially extend from the groin and pubes to the navel. These lines have sometimes been termed lines albi- cantes, and are particularly observed near the umbilical region, where the abdomen has experi- enced the greatest distension. The breasts become tumid and hard, and, on pressure, emit a fluid which at first is serous and afterwards gradually becomes whiter. The areole round the nipples are dark colored. The external genital organs and vagina are dilated and tumefied throughout the whole of their extent, from the pressure of the fœtus. The uterus may be felt through the abdominal parietes, voluminous, firm, and globular, and rising nearly as high as the umbilicus. Its orifice is soft and tumid, and dilated so as to admit two or more fingers. The fourchette, or anterior margin of the perinæum, is sometimes torn, or it is lax, and appears to have suffered considerable distension. A discharge (termed the lochial), commences from the uterus, which is distinguished from the menses by its pale color, its peculiar and well-known smell, and its duration. The lochia are at first of a red color, and gradually become lighter until they cease, These signs may generally be relied upon as indi- cating recent delivery: yet it requires much ex- perience in order not to be deceived by appearances. The
DELIVERYn.
Websters Unabridged Dictionary (1913) • 1913
The act of delivering from restraint; rescue; release; liberation; as, the delivery of a captive from his dungeon. The act of delivering up or over; surrender; transfer of the body or substance of a thing; distribution; as, the delivery of a fort, of hostages, of a criminal, of goods, of letters. The act or style of utterance; manner of speaking; as, a good delivery; a clear delivery. The act of giving birth; parturition; the expulsion or extraction of a fetus and its membranes. The act of exerting one's strength or limbs. Neater limbs and freer delivery. Sir H. Wotton. The act or manner of delivering a ball; as, the pitcher has a swift delivery.
deliverynoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
The act of conveying something. | The item which has been conveyed. | The act or process of a mother giving birth. | A pitching motion. | A thrown pitch. | The manner of speaking or singing. | The administration of a drug. | A ball bowled. | The process of throwing a stone. | Process of introducing foreign DNA into host cells. | A cross or pass

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