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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 ?
Fasting blood samples (12 ml) were collected from a forearm vein after 5-min of seated rest and 3-min after the test.
Fasting blood samples were obtained for unbound iron binding capacity (UIBC) and serum iron.
They also collected fasting blood samples for measuring serum calcium, alkaline phosphatase, parathyroid hormone, creatinine, phosphate, albumin, and thyroid hormones.
Lipid and C-reactive protein levels were obtained from fasting blood samples and blood pressure and body weight were measured at weeks 0, 2 and 4 and compared among the three treatment groups.
Main outcome measures: Plasma apolipoprotein B-48, lathosterol, and serum lipid measurements were taken from fasting blood samples at the end of each four-week period.
Fasting blood samples were taken at baseline and at the end of the two weeks of intervention.
To identify the components of an inflammatory dietary pattern (IDP), fasting blood samples collected from NHS participants between 1989 and 1990 with inflammatory markers including C-reactive protein (CRP), interleukin-6 (IL-6) and tumour necrosis factor (TNF) receptor 2 were analysed in conjunction with associated diets to identify associations of 39 food groups with the inflammatory markers.
At the end of experiment fasting blood samples were drawn through intracardiac puncture for measurement of blood glucose and lipid profile.
adults who had fasting blood samples for analysis, 8.8 percent answered yes to the question about lifting weights.
They underwent testing--lab assays of fasting blood samples, a 3-hour euglycemic clamp study, and liver imaging and spectroscopy--before and at the end of each 6-week study period.
Fasting blood samples were taken for the calculation of cholesterol level and they were analysed on fully automated chemical pathology analyser.
Fasting blood samples were obtained at baseline and at the end of each diet period.