Also known as: physically possess · physically possessing · physical possessor · actual possession
Written by attorneys · grounded in primary & secondary sources — see below
A form of actual control over property or goods characterized by direct physical holding or occupancy.
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Pioneer Energy ordered custom circuit boards from Phoenix Technologies. After delivery Pioneer inspected the boards and rejected them for nonconformity. Because Pioneer had already taken physical possession it held the boards with reasonable care at Phoenix's disposition for a sufficient time to allow removal.
Priscilla Parks leased an office suite from Prosperity Investments beginning July 1. When she arrived a prior occupant still held the keys and stored files inside. Prosperity had not changed the locks or cleared the space so it failed to deliver physical possession on the commencement date.
The buyer must hold the goods with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them.
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Yes. A landlord must deliver actual physical possession of the premises on the commencement date even if the tenant already holds the legal right to occupy.
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A party qualifies when it is in actual occupation of the land with intent to control it or is entitled to immediate occupation with no other party in possession under the Restatement definition.
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