Commentary

109.1 What is sale by sample

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

109.1 What is sale by sample

| Commentary

109 Sale by sample

109.1 What is sale by sample

A contract of sale is a contract for sale by sample where there is an express or implied term to that effect in the contract1.

Note that there must be a definite intention that the contract is a contract for sale by sample:

  1. 109.1.1

        so that displaying a sample during negotiations is not sufficient to make the subsequent contract a contract for sale by sample2; but

  2. 109.1.2

        a contract may be a contract for sale by sample, even though it is silent on the point,

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial