Delivery as a means of transfer

Thesis

This thesis concerns delivery as a means of transferring title to tangible, moveable things. It seeks to answer three questions, none of which have been dealt with cohesively in the existing literature: (i) what is a delivery in the context of transfers of title; (ii) why should English law require a delivery for a transfer of title; and (iii) should all the cases on delivery as a means of transfer be understood as recognising a single method of transfer or multiple different methods? It argues that a delivery in the context of transfers of title always involves the transferee’s acquisition of possession with the transferor’s consent, that a delivery is required to mitigate the harsh consequences of a transfer of title on third parties by signalling to them that they may now owe duties of non-interference to the transferee, and that almost all of the cases on delivery as a means of transfer are capable of being explained consistently with this view.

The thesis develops this account in two parts. Part 1 explains what a delivery in the context of transfers of title is and why the law requires it for such a transfer. Part 2 then applies this understanding to a number of specific situations, in particular, symbolic delivery, attornment, documents of title, and antecedent delivery. The latent uncertainty in the law that is identified throughout the thesis is the meaning of ‘possession’ in the context of transfers of title by delivery. It is argued that ‘possession’ in this context should mean using a thing in ways that are seen as distinctive to owners by the relevant interpretive community. Among other benefits, this chimes better with the justification for requiring a delivery for a transfer of title and can better explain the outcomes in the cases.

Authors: Atmaz Al-Sibaie, J

• DOI: 10.5287/ora-n6r7er01n
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: private law; transfers; property law; delivery
• Subjects: Property; Private law