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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 ?
The average cumulative first repeat purchase was +11% for sampled products and +6% for the brand franchise over a 20-week period.
In compliance with the guidelines of the sampling theory, the spectrum that results from a bandlimited microwave signal f(t) of bandwidth [Beta] that is sampled at the rate [f.sub.c,] where [f.sub.c] [not less greater than] 2[Beta] is also a subharmonic of f(t), or n X [f.sub.c] = f(t) is considered.
However, any fat-containing matrix could be sampled from the mother and used for this dosimeter because lipophilic compounds partition within the body primarily on the basis of the fat content of the tissue.
If we were to select repeated samples from the same population, calculate the sample average for each, and put the sampled cases back in the population after we calculate the average, we would expect those sample averages to be close to each other but not identical.
All of the foundries sampled were selected by EPA's Office of Solid Waste.
From dogs with atopic dermatitis, inflamed skin, which was typically alopecic from self-trauma due to pruritus, was sampled. One or more of the following regions were sampled from each dog: axilla, groin, chin, ventral neck fold, paronychium, and interdigital spaces (dorsal or plantar) according to clinical signs.
This is because there is no certainty that all actual sources have been sampled and because there are multiple hypothetical combinations of sources that could yield the isotopic value of the biological sample.
All wells were sampled and analyzed for organics four times over a four month period.
Only one of the isolates, obtained from a Mistle Thrush (Turdus viscivorus) and sampled during the spring migration 2002, carried Salmonella.
female OR 1.1, 95% CI 0.56 to 2.19), a pattern consistent with Mule Deer sampled in Colorado and Wyoming (4).
Wipe samples collected after HEPA vacuum samples and HEPA vacuum samples collected after wipe samples indicated that neither method completely removed spores from the sampled surfaces.