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Constructive Delivery: Definition, Example and Related Terms

What is Constructive Delivery ?

Constructive delivery in simple terms means delivering something without physically placing it into the hands of the receiver. Imagine you want to lend a book to your friend, but you couldn't meet in person. So, you leave the book in a spot they can easily access, like a shared locker or mail room. You let your friend know the location of the book. Technically, you haven’t handed the book directly, but in a broader sense, you have delivered it because your friend has full capacity to collect the book. This delivery concept, where a thing is considered delivered because of the behavior or understanding between the parties involved, even though it wasn't physically handed over, is what we refer to as 'Constructive Delivery'.

It's interesting to note that constructive delivery can also be applied to virtual goods. For instance, you can make a 'constructive delivery' of a digital book or a video game by sending your friend the download link or access code. Even though there's no physical handover, the item is still considered delivered because your friend can access it based on your actions.

Example(s)

  • Scenario Constructive Delivery
    Lending a physical book You leave a book at a shared locker and inform your friend about it.
    Selling an online course You provide the purchaser with the login details to the course website.
    Transferring ownership of a vehicle You leave the car in a garage with the keys for the buyer to pick up.