Chapter II — FORMATION OF THE CONTRACT Contract of Sale

Section 17Sale by sample

Section 17: Sale by sample

17. Sale by sample

(1)

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.

(2)

In the case of a contract for sale by sample there is an implied condition—

(a)

that the bulk shall correspond with the sample in quality;

(b)

that the buyer shall have a reasonable opportunity of comparing the bulk with the sample;

(c)

that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.