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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 ?
Question 2: Is there a difference in school-wide student pass rates on Math assessments between an experimental group of elementary, middle, and secondary RAMP-designated schools (2007-2009) and a stratified sample of control schools at one particular point in time (2009)?
Although boys and girls are almost equally distributed in the stratified sample, CMMS-P scores are held to be free from sex bias.
A] represents the variance of an unstratified estimate or a stratified sample with fewer strata than the estimate of variance represented by [V.
A stratified sample of 1200 physicians in the four specialty groups in North Carolina was selected using a national sampling frame; 514 eligible physicians responded.
It is approximately a 20 percent stratified sample of all U.
A survey to obtain information about how undergraduates use web resources and cell phones was designed and applied to a stratified sample of students from 17 Undergraduate programs that are offered at the Campus Azcapotzalco of the Autonomous Metropolitan University (UAM-A).
The survey instrument was distributed by email and fax during August and September to a random stratified sample of US-practicing neurologists.
Contract award: the contract is for the execution of representative surveys from school to work: individual and institutional determinants of shaping careers, educational and professional young poles nationwide, random, stratified sample of adult persons born in 1992-1993 (fs2w).
The authors examined the content of instruction at a stratified sample of the nation's principal preparation programs, including the programs training the most candidates, the programs regarded as the most prestigious, and more typical programs.
Researchers developed a data collection instrument and reviewed grant files for a stratified sample of 104 of the 206 Title III and Title V grant recipients, including the grant application, grant performance report, and related correspondence.
The survey instrument was distributed by email and fax during December 2010 to a random stratified sample of US practicing pulmonologists.