What are the seller’s obligations under a sale by sample? • Is this a sale by sample? If yes, then implied conditions in s 19 a. 19(1): a contract for sale is a sale by sample if there is an express or implied term in the contract to that effect b. 19(2) sets out 3 implied conditions if it is a sale by sample i. (a): an implied condition that the bulk must correspond with the sample in terms of quality ii. (b): an implied condition that the buyer has a reasonable opportunity to compare the bulk with the sample iii. (c): an implied condition that the goods must be free from any defect that renders them unmerchantable that would not be apparent on a reasonable examination of the goods c. Cudahy Packing Co v Narzisenfeld: In a sale by sample the seller selects the sample as they are presumed to know the quality of the goods she is proposing to sell - therefore allowed to offer a sample as the standard of the bulk i. Both parties must understand that the goods being exhibited are representative of the bulk ii. It is not a sale by sample when the buyer selects a small portion of the bulk to inspect d. Steels & Busks v Bleecker Bik: A “reasonable inspection” for the purposes of (2)(c) depends on normal trade practices and what was contemplated by the contracting parties i. If the sample is unmerchantable, but the bulk is as well, cannot use 19, have to inspect all and reject via 18 ii. (2)(a) does not cover latent defects that distinguish sample from bulk, that is dealt with under (2)(c) iii. Facts: chemical additive in bulk but not sample, not visible on visual inspection, no breach of 19(2)(a), just (c) e. Godley v Perry: If buyer does an inadequate examination that is not reasonable, they forfeit their protection of (2)(c) i. inspection involves common-sense standards, don’t have to test something to death (slingshot hurt kids eye)