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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.

Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Similar to our biases sample experiments before, we create a biased sample of 800 claims with a fraud rate of 15 percent (versus an 8.79 percent fraud rate in the original data set) to test the performance of PRIDIT-FRE and the count estimation under this alternative fraud definition.
Further, we demonstrate that PRIDIT-FRE produces very reliable estimates of the population fraud rate even when only a very small and largely biased sample is available for use.
Considering the simulated data only, the mean for the random sample was identical to the mean for the full sample, but the difference between the biased sample mean and the full mean was .12, or just less than a full standard deviation.
In addition, the difference in mean ratings for the full sample compared to the biased sample was almost twice as large for those physicians in the lowest satisfaction quartile (.16), as compared to those in the highest quartile (.09).
The studies above obviously had biased samples because they only included women who were either pregnant or had requested post-coital contraception.
The papers are organized into sections on the psychological law of large numbers, biased and unbiased judgments from biased samples, types of information contents sampled, and vicissitudes of sampling in the researcher's mind and method.
Beyond biased samples: Challenging the myths on the economic status of lesbians and gay men.
To avoid problems of using biased samples, many organizations survey their entire workforce.
Biased samples can lead to unfortunate situations when they are used as a basis for reporting results or making decisions.