ABSTRACT

Section 61(1) of the Sale of Goods Act (“SGA”) defines delivery as the voluntary transfer of possession from one person to another. In the context of a ship sale agreement, the consummation of delivery of the ship involves two distinct steps: first, the seller tenders the ship for delivery, and second, the buyer accepts delivery and takes physical control of the ship.

Clause 16 of Shipsale 22 sets out the sequence of events culminating in the delivery of the ship by the seller to the buyer and the acceptance of the ship by the buyer).