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sample

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 ?
When the parameter of an important population proportion is known, a stratified random sample mirroring the population proportion usually provides the most accurate inferences.
By discounting groups 1 and 2, where the number of men and women are not 200 to 50, you move from a SRS to a stratified random sample. A SRS must include every set if individuals having an equal chance to be the sample actually selected for your study.
A stratified random sample of eight beach segments per state would result in CV [less than or equal to]0.3 for estimates of egg densities 0-20 cm deep.
All children were examined biannually, and the conjunctivae of a stratified random sample of children were swabbed and later tested for Chlamydia trachomatis DNA.
A stratified random sample of 9,914 returns was selected, based on taxability status and size of total gifts.
The survey was distributed to a stratified random sample of AICPA member firms.
The poll included responses from more than 1,400 chief information officers identified by a stratified random sample of U.S.
Based on a stratified random sample of about 16,000 beneficiaries, the Access to Care File provides detailed information on types of supplemental insurance held by Medicare beneficiaries.
The 2000 scientists were selected from a stratified random sample across the United States.
The national poll includes responses from more than 1,400 CIOs from a stratified random sample of U.S.
The survey included responses from 1,400 chief financial officers from a stratified random sample of U.S.
A stratified random sample was used in this study so that equal numbers of "high atopic risk" and "low atopic risk" infants would be distributed among the three formula-fed groups.