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 ?
4) In this case, the five largest in each group were sampled with certainty and represent only themselves.
Drill core is being sampled at the Morogoro camp and shipped to SGS Laboratories in Mwanza for preparation and analysis.
Results showed cupola dusts or sludges from nine of 21 foundries sampled were EP-toxic.
The wastes are not likely to compromise groundwater quality due to the leaching of organics, as shown by the generally low levels (concentrations) of organics in the leachates and the virtual absence of organic compounds in the groundwater at foundry landfills sampled in this study.
Trenching and detailed grid sampling will be carried out to evaluate the gold and silver mineralization and soil geochemical anomalies identified at Loreto, La Gloria and El Roden and all of the remaining areas defined by the stream sampling and satellite imaging will be examined and sampled.
The 6 pits sampled have an average depth of 19 meters and a total of 52 channel samples were taken every 2 vertical meters.
32 g/t gold and a 15 metre interval (across a road) which was not sampled.
It is significant that these sampled areas are geologically higher than the high grade shoots which have been productive in the Copala district, and that the vertical interval of the possible bonanza shoots in these structures has not yet been drill tested or mined.
The latter use sampled discrete time circuits that have to slew continuously on each sample clock edge to track and hold the input signal.