First Principles of Business Law

3. Terms implied by law into contracts for the sale of goods

3.7.6. The quality of goods sold 'by sample'

Read the facts and the question and then choose the best answer.

A, a nightclub owner, negotiates with B, a carpet retailer, for the supply of 'Grade 1' carpeting for the foyer of his nightclub. B shows A a swatch of samples of the available colors. A picks 'cherry red'. The carpet supplied and fitted is the same color as shown in the sample but the carpeting in the sample was a better quality carpet and much softer than 'Grade 1' carpeting. A now says the carpet supplied must be as soft as the sample he was shown.

Did showing the buyer a sample make it a term of the contract that the carpeting supplied would have the same qualities as the carpet in the sample?

(a) Yes. If a sample is shown by a seller of goods to the buyer, the sale is 'by sample' and the sample is used to determine the quality of the goods.

(b) No. Even if a sample is shown to a buyer by a seller of goods, the quality of the goods is not determined 'by sample' unless the facts indicate that this is what was intended.