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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 ?
Simple random samples of these plots were selected within each region (Fig.
These analyses can even be obtained when data are collected from a sample that is not a simple random sample from the population, meaning that survey weightings must be used.
A simple random sample (SRS) of size n consists of n individuals from the population chosen in such a way that every set of n individuals has an equal chance to be the sample actually selected.
Because the complex probability procedures used in large-scale surveys to obtain a representative sample of the target population do not result in a simple random sample, the consequences of these procedures on statistical inferences must be taken into account (Johnson, & Elliott, 1998).
Thus, cluster sampling is usually more efficient than simple random sampling when the population to be sampled is scattered over a wide area and considerable travel costs would be involved in drawing the simple random sample.
Sample selection is assumed here to be pps, such that the sample may be viewed as a simple random sample of monetary units.
The ratio of this sampling variance to the variance that would have been obtained if a simple random sample had been used is known as the design effect.
In data analysis, an assumption is often made that the sample is a simple random sample, despite the fact that many data are collected using methods that are not genuinely random in nature.
In a simple random sample, every item in a population has the same probability of selection.
A simple random sample can be as much as two to three times larger than a well-designed complex sample.
A simple random sample of 400 cotton farms revealed an average acreage of 615 with a standard deviation of 100.
Real data were used to determine the prediction equation and a second simple random sample from the same population was used to cross-validate the results.

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