Commentary

109.2 Bulk to correspond with sample

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

109.2 Bulk to correspond with sample

| Commentary

109.2 Bulk to correspond with sample

Where there is a contract of sale by sample there is an implied term that the bulk will correspond with the sample in quality1.

‘Bulk’ means a mass or collection of goods of the same kind that:

  1. 109.2.1

        is contained in a defined space or area; and

  2. 109.2.2

        is such that any goods in the bulk are interchangeable with any other goods therein of the same number or quantity2.

Note that the requirement for the bulk to conform with the sample is high; there would be a breach of the

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