Delivery Definition

See All Glossary Terms

Published by a ��Ƶ Commercial expert

What does Delivery mean?

Delivery is defined in the sale of goods Act 1979, s 61(1) as the 'voluntary transfer of possession from one person to another' which is the point in time when the parties can be seen to have agreed that the legal right to possession of the goods passes from the seller to the buyer. A distinction must be made between the transfer of possession/delivery and the passing of title/ownership.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Grounds for challenge in a public procurement process—checklist

Grounds for challenge in a public procurement process—checklist This Checklist examines the grounds for challenge in a public procurement process. Procurement challenges are restricted by time limits and bidders need to be aware of how to rectify any breaches as soon as possible. This Checklist sets out the limitation period under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 and the relevant factors that can affect the date this starts. This Checklist also pinpoints potential grounds for challenge in relation to Selection Questionnaires, invitations to tender and standstill letters. Limitation in public procurement proceedings Procurement challenges are subject to relatively short limitation periods. It is therefore important that bidders are alive to potential breaches arising during the procurement process itself. Where a breach occurs, an analysis as to what, if any, action the bidder wishes to take must be undertaken quickly. The courts have consistently held that a bidder that chooses to sit on its hands and await the outcome of the procurement process will not be able to...

Seller's SPA drafting guide (unconditional completion)—checklist

Seller's SPA drafting guide (unconditional completion)—checklist This Checklist serves as a guide of certain key matters for the seller’s solicitors to consider when drafting, or commenting on, a share purchase agreement (also known as SPA or share sale agreement) recording the sale and purchase of the entire issued share capital of a private limited company, where the transaction involves simultaneous exchange and completion. Parties The drafter should: • check to see if the legal and beneficial title to the sale shares is split, ie check to see if the seller's sale shares are held in the name of a nominee, requiring the beneficial owner to: ◦ be named as the seller in the SPA instead of the registered holder, and ◦ procure the sale of the sale shares to the buyer • check to see if the transaction involves any parties connected with company directors, which may constitute substantial property transactions requiring certain approvals (see Practice Note: Substantial property transactions—requirement to obtain members’ approval) • resist proposals to include in...

Discover our 49 Checklists on Delivery

SAR glossary codes and additional reporting routes—flowchart

SAR glossary codes and additional reporting routes—flowchart This Flowchart illustrates the most commonly used National Crime Agency (NCA) glossary codes to use when completing a Suspicious Activity Report (SAR) via the SAR Portal, and the additional reporting routes you should consider. The full list of SAR Glossary Codes can be found in SAR Glossary Codes and Reporting Routes. Note 1 SARs regime The SARs regime is not intended as a means of reporting crime or matters relating to immediate risks to others. The SARs regime is designed for the purpose of reporting knowledge or suspicions of money laundering or terrorist financing under the Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000). In addition to submitting a SAR to the NCA, you may therefore need to report the matter via other routes, eg where a crime is in progress or there is an immediate risk to a person. We have flagged where this may be appropriate. If possible, you should make these additional reports...

UK design infringement action—flowchart

UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before...

Discover our 2 Flowcharts on Delivery

Goods—delivery and acceptance

This Practice Note considers statutory laws in relation to the delivery and acceptance of goods in sale of goods contracts in a business to business context. It highlights the relevant provisions of the Sale of Goods Act 1979 and discusses common issues in sale of goods contracts such as when and where deliveries must take place, what happens if goods are defective and how buyers are deemed to have accepted goods following delivery.For more information on the sale and supply of goods contracts generally, see Practice Note: Contracts for the sale and supply of goods—business to business.For an example sale of goods agreement, including bespoke provisions relating to delivery, inspection and acceptance, see Precedents: Supply of goods agreement—pro-supplier and Supply of goods agreement—pro-customer together with their associated drafting notes. For a checklist when drafting and negotiating terms of delivery, see: Drafting and negotiating delivery terms for goods—checklist.This Practice Note does not consider delivery of goods within the context of a business to consumer contracts. For consideration of delivery in business...

Goods—property, title and risk

This Practice Note considers the point at which property, title and risk pass from a seller to a buyer in a business to business (B2B) sale of goods transaction depending upon the nature of the goods, the intention of the parties, the terms of the contract to which the sale is subject, and the provisions of the Sale of Goods Act 1979 (SGA 1979).In a sale of goods contract it is the duty of the buyer to accept and pay for goods in exchange for the seller delivering the goods to the buyer, in accordance with the terms of the contract of sale.A sale of goods from a seller to a buyer will involve the passage of property, title and risk. The point at which that occurs depends on the nature of the goods, the intention of the parties, the terms of the contract to which the sale is subject, and the provisions of the SGA 1979.Are property and title the same?There is an apparent distinction in SGA 1979, Part...

Discover our 524 Practice Notes on Delivery

Ireland—Deed of assignment and conveyance—unregistered—freehold and leasehold

Ireland—Deed of assignment and conveyance—unregistered—freehold and leasehold Commencement Section 64(2)(a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)), provides that one of the criteria for establishing if a document is a deed is whether the document is described at its head with the appropriate wording such as ‘Conveyance’, ‘Assignment’, ‘Indenture’, ‘Deed’, etc. Date While it is usual practice to date a deed on the date of completion a deed actually takes effect on the date of its delivery. The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate. Where a date is inserted, it is presumed that this date is the date on which the deed took effect. However, this presumption may be rebutted by evidence to the contrary. See: Browne v Burton (1847) 17 LJQB 49 (not reported by Lexis+® UK). It is good...

Ireland—Heads of terms—sale—freehold or long leasehold

Ireland—Heads of terms—sale—freehold or long leasehold SUBJECT TO CONTRACT/CONTRACT DENIED Head of Terms (“Heads”) Sale of [insert] 1 Parties 1.1 Vendor [Insert name and (if applicable) company number] 1.2 Purchaser [Insert name and (if applicable) company number] 2 Property details 2.1 Property [Insert property description] 2.2 [ Title [Insert title number(s)]] 2.3 [ Lease The title to the Property is freehold held in fee simple/the title to the Property is freehold held subject to a Fee Farm Grant/the title to the Property is held under a lease for a term of [insert years] commencing on [insert date], made between [insert original parties] and dated [insert date].] 2.4 [ Occupational lease[s] Date Premises Current tenant Term end date Current annual rent (€)] Clause 3—Rights Use this clause if the sale is a sale of part or a sale of whole where the Vendor has adjoining land and rights and reservations will be required. See Precedent: Transfer of part clauses. 3 [ Rights 3.1 Rights granted [Insert details] 3.2 Rights...

Dive into our 498 Precedents related to Delivery

Do I have time to serve an effective break notice, what form should it take and what is the method of service?

Do I have time to serve an effective break notice, what form should it take and what is the method of service? Scenario A client has just called to tell me that after some last minute management meetings, they would like to give notice urgently to end the lease of their HQ. The break clause states the following: ‘If the Tenant wishes to determine this Lease on the fifth anniversary of commencement of the Term and gives to the Landlord at least 6 months' prior written notice of that wish, then on expiry of the notice the Term is to cease and determine immediately, but without prejudice to any rights or remedies that may have accrued’ The Term commenced on 1 March 2009. It’s 2.30pm on Friday, 30 August 2013. Can I still serve notice effectively and what should I put in my notice? Timing • Determine what is the fifth anniversary of the Term. If the Term commenced ‘on’ (rather than ‘from’ 1 March 2009),...

I've just noticed that an executed document has the wrong date on it. What should I do?

I've just noticed that an executed document has the wrong date on it. What should I do? The first thing you need to do is insert the correct date in the document which has been incorrectly dated. It is important that the date on the document accurately reflects the date on which the parties to it intended to be bound by its terms. Normally, this is the date when the parties: • signed the document (if it is a simple agreement as opposed to a deed), or • delivered the document (if it is a deed) In the absence of any provision to the contrary in the document, it will be presumed that the date on a document is the date the document took effect. If the date is wrong, there could be confusion about when the document took effect. How should a document be dated? It depends whether the document in question is a simple agreement or a deed. In the case of a simple agreement, the document should...

See the 409 Q&As about Delivery

MHRA launches digital hub in Leeds to boost healthcare innovation

The Medicines and Healthcare products Regulatory Agency (MHRA) has launched a new digital hub in Leeds to advance healthcare technology and support regional growth. The MHRA selected Leeds because of its strong digital health expertise, robust academic base, and thriving technology community. The hub will be located at Wellington Place in Leeds city centre and aims to enhance regulatory agility and strengthen collaboration with NHS organisations, academic institutions, and digital health networks. The MHRA plans to create approximately 30 highly skilled roles in digital delivery, software development, and data science, with further expansion planned. These roles will be part of the Digital and Technology Group (DTG), which is responsible for optimising infrastructure and ensuring the secure use of data to deliver world-class services, while keeping regulatory processes in step with technological advancements and contributing to improved patient care and public health outcomes.

Court of Justice provides ruling on meaning of ‘promotional offer’ under EU E-Commerce Directive (Verbraucherzentrale Hamburg v bonprix)

EU Law analysis: In a referral from the German Federal Court, the Court of Justice made a preliminary ruling on the meaning of a ‘promotional offer’ in Article 6(c) of Directive 2000/31/EC, the EU E-Commerce Directive, which may affect the advertising of a range of deferred buying and payment arrangements advertised when making online purchases. It held that ‘promotional offer’ must be interpreted as covering an advertising message on a website which refers to a payment arrangement, if this provides an object advantage to consumers which may influence buying decisions. This therefore carries with it the requirement to provide clear information to consumers on the terms and conditions relating to the ‘promotion’. In the underlying German case, although the ruling does not provide detail on the ‘user journey’ when using the website in question, it seems the need for consumers to undergo a credit check was only disclosed during the ordering process, not in the earlier promotion of this payment facility on the website. Written by Beverley Whittaker, consultant at...

Read the latest 511 News articles on Delivery

Top

Trial

��Ƶ

GLOSSARY