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Sample

SAMPLE (through the O. Fr. essemple, from Lat. exemplum; a. doublet of " example "), a small portion of merchandise taken from the whole to serve as a specimen or evidence of the whole; hence a pattern or model. Sale by sample obviates the necessity on the part of sellers of keeping large quantities of goods on premises unsuitable for storage, and on the part of buyers of having to make a special visit to inspect the goods in bulk. The sale of goods by sample is dealt with in England by the Sale of Goods Act 1893, s. 15, which provides that a contract of sale shall be a contract for sale by sample where there is a term in the contract, express or implied, to that effect. In the case of such a contract, there must be (a) an implied condition that the bulk shall correspond with the sample in quality; (b) an implied condition that the buyer shall have a reasonable opportunity of comparing the bulk with the sample; (c) an implied condition that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample. (See also SALE OF GOODS.)

Note - this article incorporates content from Encyclopaedia Britannica, Eleventh Edition, (1910-1911)

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