Section 16Part 2 — Formation of the Contract
Sale by sample
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A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect.
In the case of a contract for sale by sample, there is an implied condition that —
the bulk shall correspond with the sample in quality;
the buyer shall have a reasonable opportunity of comparing the bulk with the sample; and
the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
Defined Terms
sale by sample