Online Encyclopedia

SAMPLE (through the O. Fr. essemple, ...

Online Encyclopedia
Originally appearing in Volume V24, Page 119 of the 1911 Encyclopedia Britannica.
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SAMPLE (through the O. Fr. essemple, from
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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
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pattern or model . Sale by sample obviates the necessity on the
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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
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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
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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
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free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample .

End of Article: SAMPLE (through the O. Fr. essemple, from Lat. exemplum; a doublet of " example ")
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