DELIVERY
delivery,n.1. The formal act of transferring something, such as a deed; the giving or yielding
possession or control of something to another. 2. The thing so transferred or conveyed. Cf.
LIVERY. — deliver,vb.
absolute delivery.A delivery that is complete upon the actual transfer of the instrument from
the grantor’s possession. • Such a delivery does not usu. depend on recordation.
actual delivery.The act of giving real and immediate possession to the buyer or the buyer’s
conditional delivery.A delivery that passes possession subject to the happening of a specified
event. • Possession passes immediately; title remains conditional.
constructive delivery.An act that amounts to a transfer of title by operation of law when
actual transfer is impractical or impossible. • For example, the delivery of a deposit-box key by
someone who is ill and immobile may amount to a constructive delivery of the box’s contents even
though the box may be miles away. For the three traditional types of constructive delivery, see
ATTORNMENT; CONSTITUTUM POSSESSORIUM; TRADITIO BREVI MANU.
good delivery.Securities. The basic conditions for delivery of a security, including that (1) the
certificate is in good condition, (2) the certificate belongs to the person transferring it, (3) the
certificate is properly indorsed, and (4) any legal documents necessary for negotiability must
accompany the certificate.
jail delivery.See JAIL DELIVERY.
second delivery.A legal delivery by the depositary of a deed placed in escrow. [Cases: Deeds
58. C.J.S. Deeds §§ 93–97.]
symbolic delivery.The constructive delivery of the subject matter of a sale or gift by the
actual delivery of an article that represents the item, that renders access to it possible, or that
provides evidence of the title to it, such as the key to a warehouse or a bill of lading for goods on
shipboard. [Cases: Sales 162. C.J.S. Sales §§ 172–173.]
unconditional delivery.A delivery that immediately passes both possession and title and that
takes effect immediately. [Blacks Law 8th]