- 3 Marks
Question
There are implied conditions in all contracts of sale of goods.
Required:
Where goods are sold by sample, which conditions are implied?
Answer
When goods are sold by sample, the following implied conditions apply:
- The bulk shall correspond with the sample in quality: The goods supplied in bulk must match the quality of the sample provided.
- The buyer shall have a reasonable opportunity to compare the bulk with the sample: The buyer has the right to inspect the bulk of the goods to ensure they correspond with the sample.
- The goods shall be free from any defect: The goods must be free from any hidden defects that would not be apparent from a reasonable examination of the sample, making them unmerchantable.
- Tags: Implied Conditions, Sale by Sample, Sale of Goods
- Level: Level 1
- Topic: Sale of Goods
- Series: MAY 2017
- Uploader: Kwame Aikins