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Condition in a sale by sample and description

Condition in a sale by sample:

The implied conditions under the contract for sale by sample are · The bulk of goods should correspond with sample quality · Buyer shall have reasonable opportunity to compare the sample

· That the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample In other words, there should not be any latent defect in the goods. If the defect is patent one, that is, easily discoverable by the exercise of ordinary care, and the buyer takes delivery after inspection, there is no breach of implied condition and the buyer has no remedy.

Condition in a sale by sample as well as by description: The implied condition is that the bulk of goods shall correspond, both with the sample and with description. If it corresponds with only sample and not with description, or vice versa, the buyer is entitled to reject the goods. It must correspond with both.

Example

(b) N agreed to sell G some oil described as ‘foreign refined rape oil,’ warranted only equal to sample. The oil supplied, though corresponded with the sample, was adulterated with hemp oil. Held that since the oil supplied was not in accordance with the description the buyer was entitled to reject the same ( Nichol vs godts).

Condition as to fitness or quality: Usually in a contract of sale of goods there is no implied condition or warranty as to quality or fitness for any particular propose of goods supplied ; the rule being ‘Caveat Emptor’ that is, let the buyer beware. But an implied condition is deemed to exist on the part of the seller that the goods supplied shall be reasonably fit for the purpose for which the buyer wants them, if the following conditions are satisfied:

The buyer, expressly or impliedly, should make known to the seller the particular purpose for which the goods are required; and 
 
The buyer should rely on the seller’s skill or judgment and The goods sold must be of a description which the seller deals in the ordinary course of his business, whether he be the manufacturer or not.

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