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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.

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 ?
Question 3: Is there a difference in school-wide student pass rates on English/Language Arts (ELA) assessments between an experimental group of elementary, middle, and secondary RAMP-designated schools (2007) and a stratified sample of control schools over time (from 2005-2006 to 2008-2009)?
Since age is related to increase in mental maturity as reflected in CMMS-P scores, the stratified sample across grades had to be controlled for the factor of age to obtain meaningful and reliable research results.
The results presented here are based upon a nationally representative, stratified sample of 4,214 adults (age 18 and older), which includes representative oversamples of the following subgroups: parents with school-age children living in their home (2,170), teachers (669), and Hispanics (805).
Another common approach is stratified sample designs.
Here's a puzzle for you to try: Given that the population of Tyneside represents about 1.3% of the entire UK population, in an opinion poll with 15,000 people, how may people from Tyneside would you need in your stratified sample? Write in with your answer and the first correct entry drawn will win a copy of "Mathematical Snacks" published by Tarquin.
The survey of sponsors was conducted in 2007 with a random stratified sample drawn from 90 percent of eligible sponsors nationally.
The first term of the variance equation is the variance of a stratified sample mean under proportional allocation.
In her survey of 502 family physicians, 450 internists, and 437 medical subspecialists chosen as a random stratified sample of all those in the United States, FPs said that they devoted about 28% of their time to treating elderly patients, while internists and internal medicine subspecialists said that they spent about half of their time with seniors.
Together, they form a stratified sample that fairly represents the wide range of age, wealth, population, economic orientation and geographic location of the 27 towns that existed in Rhode Island in 1770.
Worksites were stratified into two groups based on participation in the New Hampshire Employee Health Forum (NHEHF), a program sponsored by the DPHS to address worksite health promotion.* From a total of 1666 worksites, a stratified sample of 500 (32%) was selected, consisting of 200 NHEHF participant worksites and 300 nonparticipant worksites.
THE RESULTS PRESENTED HERE are based upon a nationally representative, stratified sample of adults (age 18 years and older) and representative oversam-ples of the following subgroups: public school teachers, African Americans, and Hispanics.