Sale by sample imposes implied conditions that bulk match sample, permit comparison, and lack hidden unmerchantable defects. A contract is a sale by sample where the term exists, expressly or impliedly; in such contracts there is an implied condition that the bulk shall correspond with the sample in quality, the buyer shall have a reasonable opportunity to compare the bulk with the sample, and the goods shall be free from defects rendering them unmerchantable that would not be apparent on reasonable examination of the sample.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Sale by sample imposes implied conditions that bulk match sample, permit comparison, and lack hidden unmerchantable defects.
A contract is a sale by sample where the term exists, expressly or impliedly; in such contracts there is an implied condition that the bulk shall correspond with the sample in quality, the buyer shall have a reasonable opportunity to compare the bulk with the sample, and the goods shall be free from defects rendering them unmerchantable that would not be apparent on reasonable examination of the sample.
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