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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 ?
While quantitative researchers use complex mathematical formulae to make sample size considerations, and they promote the use of random sampling (even though the overwhelming majority of studies utilize non-random samples), sample size considerations in qualitative studies are neither mathematical nor systematic.
The mean Negative Perception score for the adult sample was 30.48 (SD=7.41) while the score for the young adult sample was 36.99 (SD=9.70).
Kumagai and his students collect plant samples from the various Hawaiian Islands, including many remote areas.
5) to the sample SUSANS spectrum to extract [[rho].sub.u](r) and [[rho].sub.d](r).
Kaj Blennow of the University of Goteborg in Sweden says the study's data are hard to interpret because some samples were taken before the participants died, and some afterward.
(1.) UCLA Center for Health Policy Research, California Health Interview Survey: Survey Methodology and Sample Design, 2002, < design.html>, accessed Apr.
This was demonstrated by the fact that the samples were easily transferred from a compaction mold to the APA mold with no degradation or decompaction of the samples;
However, for the forensic scientist to make an accurate determination, investigators should sample all types of material present at the scene.
Sample localities in Russia, Estonia, Lithuania, Poland, and Demnark (refer to Fig.
The Markie case could have been justly decided more broadly, under the banner of the legal doctrine of fair use, or in the recording artist's favor under "protection of speech." Instead, Duffy's harsh ruling ensured that, henceforth, only record companies or performers with deep pockets could viably sample, given the high cost of legal clearance.
Approximately one-third (36%) of the sample knew that Asia was the continent where the greatest number of Muslims lived, that Mohammad was the founder of Islam (34%), and could name Ramadan as the holy observance during which followers fast (32%).
During each measurement, on- and off-line NO samples were taken at a constant flow of 5 L/min.