88 Chapter 3The terms of the contract
Sale by sample (s. 15)
Section 15 provides that if goods are sold by sample the following two conditions are
implied:
(i) the bulk of the goods must correspond with the sample in quality; and
(ii) the bulk must be free from hidden defects, which would render the goods unsatis-
factory, if these defects would not be discovered on a reasonable examination of the
sample.
These two terms are implied into all sales by sample, even those which were not made
in the course of a business. The first term is similar to sale by description, with the sample
acting as the description. The buyer should look at the sample to assess the quality of the
goods, knowing that the bulk must be of the same quality. The second term is similar to
s. 14(2). However, s. 14(2) does not require the buyer to examine the goods. A sample is there
to be examined, so s. 15 regards the buyer as having examined the sample. If the bulk of the
goods contain a defect which renders the goods of unsatisfactory quality, the outcome will
depend upon whether this defect would have been apparent on a reasonable examination
of the sample. If the defect would have been apparent, then neither s. 14(2) nor s. 15 will
have been breached. This is the case even if the buyer did not examine the sample or notice
the defect. If the defect would not have been apparent, then s. 15 will have been breached.Figure 3.7 Section 14(3) SGA 1979