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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 ?
Multiple cuts through the same sample can reveal rather wide ranges in rating numbers, which may further be compounded by differences in individual reader interpretations.
By heating the sample to a higher temperature, its energy and molecular motion increase, so through thermal expansion and a decrease in the viscous response, the material is allowed to freely expand and then recover to its final equilibrium position.
Perhaps, when we have more details on Monsanto's methodology and sample handling procedures, we can further explore potential reasons for the discrepancy between our results.
While quantitative researchers use complex mathematical formulae to make sample size considerations, and they promote the use of random sampling (even though the overwhelming majority of studies utilize non-random samples), sample size considerations in qualitative studies are neither mathematical nor systematic.
USC notified about 10,000 season-ticket holders of the change last week in a letter from Sample that was accompanied by the ``Trojan Spirit Code,'' which spelled out a code of conduct to which fans will be expected to adhere.
In the resonator sample, the parallel spin component feels a higher potential than the antiparallel component in the magnetic layers.
When an estimate is made using a statistical sample, the estimated value would be expected to be different if a different sample selection was taken from the same population using exactly the same type of sample design and the same sample size.
Investigators should take numerous samples at the immediate scene radiating outward from the center and also an "alibi" sample away from the immediate scene.
Clients have also told me that sample issue promotions have a "long tail.
That same year, astronomers are expecting to receive their first sample of material from a comet.
The new laboratory instrument has five components: a sample loading station, sample conditioning station, dynamic-mechanical test station, robotic transfer system, and computer controlled operating and data-analysis station.
Different factors, such as sample age and environmental factors, affect the degradation of DNA.