Sunday, July 17, 2011

Sale by Sample

  • Samples are normally used in the sale of bulk goods e.g. rice , flour tiles , carpets . 
  • Section 17(1) of SGA provides that : 
"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 . "

  • The following conditions are implied in a sale by sample : 
(i) The bulk shall correspond with the sample in quality .
(ii) The buyer shall have a reasonable opportunity of comparing the bulk with the sample
(iii) The goods are free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample .

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