Also known as: deliver · delivers · delivered · delivering · deliverance · delivery of goods · constructive delivery
Written by attorneys · grounded in primary & secondary sources — see below
The formal transfer of possession or title to property, a document, or funds, effected with the requisite intent to pass control to another.
Daniel Diaz signs a contract to sell his house to Diane Dawson. Before Daniel delivers the deed at closing, a fire destroys the home. Dawson must still pay the full purchase price because risk of loss passed at contract formation.
Dominic Drake receives a settlement check on behalf of client Devon Drake. Drake must promptly notify Devon and deliver the funds once Devon is entitled to receive them.
Dawson Steel sells a machine manufactured by a third party to Dustin Donovan. Dawson knows the machine is likely dangerous in ordinary use. Dawson must exercise reasonable care to inform Donovan of the danger before delivery.
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Demetrius Douglas sells land to Diane Dawson. After Dawson accepts the deed at closing, any contract promises relating to title merge into the deed and are extinguished.
Desert Oil designates Dominic Drake as trustee. Drake accepts the trusteeship by taking delivery of the trust property when the trust instrument provides no other method of acceptance.
A person charged with a felony in one state flees to another state. The governor of the demanding state may request that the fugitive be delivered up for return to face prosecution.
Valid delivery requires the grantor to transfer possession of the deed with intent to pass title immediately. Acceptance by the grantee is also required. Recording is not necessary for validity between the parties but provides constructive notice to third parties.
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A lawyer must promptly deliver funds or property to the client or third person entitled to receive them. The lawyer must also notify the client or third person upon receipt and provide a full accounting upon request.
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Under the majority rule, risk of loss passes to the buyer at contract formation under equitable conversion. The seller holds legal title as trustee for the buyer until the deed is delivered at closing.
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Under the merger doctrine, once the deed is delivered and accepted at closing, contract promises relating to title merge into the deed and are extinguished. Promises concerning physical condition of the property generally do not merge.
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…compelling the presentment of conveyances, admitting to administer an estate, putting corporate seals to instruments and delivering papers which concern the public. The first writ of mandamus commands the officer to do the thing or show cause why not; if the cause be sufficient there is an end, if not a peremptory…