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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 ?
Q We use the visual comparison method to rate sectioned samples for hydrogen level to evaluate solidified reduced pressure samples.
One response that is normally accepted as a uniform response over a large range of configurations is that the Stress-Strain response of an elastomer compound in compression should be the same if: 1) The sample is compressed in a zero friction condition; 2) it has a stable sample shape; and 3) it has a "uniform" compressed cross-section.
Finding AM concentrations in urine samples collected in 2000 from men in Missouri is not unlikely.
Another reason provided for downplaying the importance of making sample size and sampling considerations is that they represent "methodolatry," which refers to having "a preoccupation with selecting and defending methods to the exclusion of the actual story being told" (Janesick, 2000, p.
0 mm) of Slits 1 to 3, and the neutron waves at the sample positions were shown to be well described by the truncated plane waves as shown typically in Fig.
The width of the interval is determined by many factors, but the size of the sample is one of the most important.
However, for the forensic scientist to make an accurate determination, investigators should sample all types of material present at the scene.
Because FFTs are more expensive, however, you may want to test a one-shot sample mailing first.
Race and other scientists outlined plans for gathering and retrieving Martian samples at the annual meeting of the American Association for the Advancement of Science in Philadelphia in February and at a conference on astrobiology at George Washington University in Washington, D.
Automated sample conditioning is also said to be more consistent than manual methods, another factor leading to more accurate results, according to Rheometrics.
The current NTI sample yields about 3,600 in-tab households and 9,000 persons daily.