Explain the meaning and scope of the Sale by Sample, adding illustrations.

Question: Explain the meaning and scope of the Sale by Sample, adding illustrations. [BJS 1975]

Find the answer to the Law of Sale of Goods only on Legal Bites. [Explain the meaning and scope of the Sale by Sample, adding illustrations.]

Under Section 17 of the Sale of Goods Act, the concept of "sale by sample" is explicitly defined. A sale by sample occurs when the contract includes a term, either express or implied, stating that the goods will be sold based on a sample provided to the buyer. Let's examine the key provisions of Section 17:

1. Contract of Sale by Sample (Section 17(1)):

A contract qualifies as a "sale by sample" if the contract includes a term, either expressly stated or implied, indicating that the goods will be sold based on a sample. The term "sample" refers to a representative specimen or example of the goods that serve as a basis for the sale.

2. Implied Condition of Correspondence [Section 17(2)(a)]:

In a contract for sale by sample, there is an implied condition that the bulk of the goods must correspond with the sample in quality. This means that the goods delivered to the buyer should be of the same quality as the sample provided.

3. Opportunity to Compare [Section 17(2)(b)]:

The buyer is entitled to have a reasonable opportunity to compare the bulk of the goods with the sample. This provision ensures that the buyer can inspect the actual goods before finalizing the purchase to verify if they match the quality and characteristics represented by the sample.

4. Goods Free from Unmerchantable Defects [Section 17(2)(c)]:

Another implied condition in a sale by the sample is that the goods shall be free from any defect that would render them unmerchantable and that is not apparent upon reasonable examination of the sample. This means that the goods should not have any hidden defects that were not evident from the sample.

Illustration:

Suppose A agrees to purchase a specific brand of smartphones from B based on a sample provided by B. The contract explicitly states that the sale will be by sample. According to Section 17, there is an implied condition that the bulk of the smartphones delivered by B must correspond in quality to the sample.

If, upon receiving the bulk shipment of smartphones, A finds that they do not match the quality represented by the sample, A can reject the smartphones and demand a refund or replacement. This is because Section 17(2)(a) of the Sale of Goods Act requires that the bulk of the goods must correspond with the sample in quality.

Section 17 of the Sale of Goods Act provides clear guidelines and implied conditions for contracts involving the sale by sample. It ensures that buyers receive goods that match the quality and characteristics represented by the sample and protects them from unmerchantable defects that were not apparent upon reasonable examination of the sample.