Multiple choice

Under Sale of Goods Act, if the sale is by sample, which of the following implied conditions is not correct?

  1. Bulk shall correspond with the sample in the quality.

  2. Buyer shall have an opportunity to compare the bulk with the sample.

  3. Goods shall be free from any defect, rendering them un-merchantable, which would not be apparent on reasonable examination of the sample.

  4. None of the above

Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

A contract of sale or lease is a contract for sale or lease by sample if there is a term in the contract, express or implied, to that effect. In a contract for sale or lease by sample, (a) there is an implied condition that the bulk must correspond with the sample in quality, (b) there is an implied condition that the buyer or lessee must have a reasonable opportunity of comparing the bulk with the sample, and (c) there is an implied condition that the goods must be free from any defect rendering them unmerchantable that would not be apparent on reasonable examination of the sample.

Thus, all are true. Therefore, option 4 is the correct answer.