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CHAPTER II FORMATION OF THE CONTRACT · Conditions and waranties

Section 17: Sale by sample

The Sale of Goods Act, 1930

(1) 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.

(2) In the case of a contract for sale by sample there is an implied condition—

(a) that the bulk shall correspond with the sample in quality;

(b) that the buyer shall have a reasonable opportunity of comparing the bulk with the sample;

(c) that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.

Questions on this section

1 question in 2 of our papers cite Section 17. Try these from the free papers:

  1. 1. In a contract for sale by sample, which of the following is NOT an implied condition under Section 17(2) of the Sale of Goods Act, 1930?

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