Constructive Delivery Law and Legal Definition

Constructive delivery refers to an act amounting to a transfer of title by operation of law when actual transfer is impossible. Constructive delivery is a general term comprehending all those acts which, although not truly conferring a real possession on the purchaser, have been held by construction of law equivalent to acts of real delivery. However, constructive delivery is effectuated when there is no actual transfer of goods or their symbol, the conduct of the parties is such as to be inconsistent with any supposition other than that there has been a change in the nature of the holding. Constructive delivery is a mixed question of law and fact, and the circumstances or facts necessary to constitute such delivery must be found by the jury as in the case of actual delivery. [Atwell v. Miller, 6 Md. 10 (Md. 1854)].