sample

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sample

noun archetype, case in point, cross section, documentum, ensample, example, exemplar, exemplification, exemplum, guide, illustration, instance, model, original, paradigm, prototype, representation, representative, reppesentative selection, showpiece, specimen, standard of comparison, swatch, typical example
See also: case, check, cross section, example, exemplary, illustration, instance, model, paradigm, partake, pattern, poll, prototype, representative, specimen

sample (sale by, implied term)

a contract of sale is a sale by sample where there is an express or implied term to that effect in the contract. Where there is a sale by sample there is an implied condition:
  1. (1) that the bulk will correspond with the sample in quality;
  2. (2) that the buyer will have a reasonable opportunity of comparing the bulk with the sample;
  3. (3) that the goods will be free from any defect, rendering them unacceptable, which would not be apparent on reasonable examination of the sample.

If a sale is by sample as well as by description, it is not sufficient that the bulk corresponds with the sample if the goods do not also correspond with the description. It is the duty of the seller to make the sample available to the buyer for comparison.

SAMPLE, contracts. A small quantity of any commodity or merchandise, exhibited as a specimen of a larger quantity called the bulk. (q.v.)
     2. When a sale is made by sample, and it afterwards turns out that the bulk does not correspond with it, the purchaser is not, in general, bound to take the property on a compensation being made to him for the difference. 1 Campb. R. 113; vide 2 East, 314; 4, Campb. R. 22; 12 Wend. 566 9 Wend. 20; 6 Cowen, 354; 12 Wend. 413. See 5 John. R. 395.

References in periodicals archive ?
The current local government sample is a legacy sample from the old quota sample design, when individual states were responsible for sample selection and collection.
Bias adjustment was a total error correction model that was used to account for several deficiencies in the quota sample including a nonrandom sample and response errors.
She expanded coverage of the prices of services in the Producer Price Index and instituted improvements in the Current Employment Statistics program, including the substitution of a probability sample for the quota sample.
Similarly, quota samples were fixed to obtain a suitable proportion of Muslim and SC/ ST voters.