Part Four Compelling performance or preventing (or compelling the undoing of) a wrong, 24 Delivery up
Andrew Burrows QC FBA
- Delivery and damages — Goods
This chapter discusses the delivery up of goods and delivery up for destruction. Delivery up of goods is the appropriate remedy for the claimant to recover its goods where the defendant is tortiously ‘interfering’ with them under the Torts (Interference with Goods) Act 1977. For most goods, delivery up will not be ordered on the ground that damages will enable substitutes to be bought in the market. Delivery up for destruction is a remedy where articles have been made by a tortious infringement of the claimant’s intellectual property rights.