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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 venous blood samples are collected unsuitable according to following criteria inappropriate volume, haemolysed and lipaemic samples, missing/wrong patient identification.
The alternative procedure for an auditor to obtain reasonable assurance about a company's financial status is to sample procedures and records of the auditee.
The basic means of sample selection give rise to two forms of samples: judgment and statistical (or probability) samples.
As long as the statistical sample is in accordance with the revenue procedure, it will be acceptable to the IRS.
A total of 7 of 69 water samples were positive by reverse transcription-PCR.
As the collection manager of one of the world's largest frozen-tissue labs, Feinstein receives tissue samples from all over the globe.
Q We use the visual comparison method to rate sectioned samples for hydrogen level to evaluate solidified reduced pressure samples.
The current way of collecting samples involves physically hauling hundreds of bags back to the lab for analysis.
After successful completion of the round-robin study, several frozen urine samples retained from the original study were sent to Monsanto.
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.
Making Music with Samples. Tips, Techniques, & 600+ Ready-to-Use Samples (w/CDS), by Daniel Duffell.
A relationship between negative perceptions and anxiety levels was found in both samples (adult r=.67, p<.001; young adult r=.74, p<.001).