Implied Terms in Sales by Sample – Section 15 of the Sale of Goods Act
In some areas of business, it is common for the seller to show the buyer a sample before the contract is made. This often happens in bulk sales — for example, coffee beans, textiles, or industrial chemicals — where it is not practical for the buyer to examine every single item.
But showing a sample is not just a matter of marketing. When the parties intend the transaction to be a sale by sample, the law automatically implies certain terms into the contract to protect the buyer.
The Three Implied Conditions
Under Section 15 of the Sale of Goods Act, a contract of sale by sample carries three main implied conditions:
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Bulk corresponds with the sample (s.15(2)(a))
– The goods delivered in bulk must match the quality of the sample shown.
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Free from hidden defects (s.15(2)(c))
– The goods must not contain any defect that would make them unsatisfactory, if such a defect could not be discovered by a reasonable examination of the sample.
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Reasonable opportunity to compare (s.15(2)(b))
– The buyer must be given a fair chance to compare the delivered goods with the sample.
Why this Matters
The law recognises that samples are a shortcut to trust in commerce. They help buyers judge quality without inspecting every unit. But that trust only works if the bulk actually reflects the sample.
Imagine ordering 10,000 meters of fabric after inspecting a sample roll in the showroom. If the delivered bulk has a slightly different shade or texture, which was not apparent in the sample, the buyer has a right to claim breach of contract.
Example
Suppose a startup café chain in 2025 orders 100 kilograms of premium organic coffee beans after tasting a small sample batch provided by the supplier. The sample is rich, aromatic, and smooth.
When the bulk delivery arrives, the beans look similar but produce a sour, burnt taste when brewed. The defect was not something a reasonable person could have noticed from the small sample — only revealed once the beans were roasted in large quantities.
Here, Section 15 applies: the seller has breached the implied condition because the bulk does not correspond in true quality with the sample, and the defect was hidden.
Not Every Sample Counts
It is important to note that not every instance of showing a sample creates a “sale by sample.” For example, if you see a TV on display in an electronics store and decide to buy the same model, this is not a sale by sample. You are not buying from a bulk lot; you are buying by description and specification. In such cases, Sections 13 and 14 apply, not Section 15.
Section 15 highlights a key principle in sales law: trust must be matched by fairness. A sample sets the standard, and the delivered goods must live up to it. If not, the buyer is legally protected.
What is the main implied condition in a sale by sample under Section 15(2)(a)?
The bulk of the goods must correspond with the sample in quality.
The seller guarantees the cheapest price in the market.
The buyer must always accept substitutes.
What does Section 15(2)(c) protect the buyer against?
Hidden defects not discoverable by reasonable examination of the sample.
Any defect, even if obvious in the sample.
Price increases after delivery.
What right does Section 15(2)(b) give the buyer?
A reasonable opportunity to compare the bulk with the sample.
Unlimited time to return goods without reason.
The right to cancel the contract at any time.
Which of the following is NOT a sale by sample?
Buying 10,000 meters of fabric after inspecting a showroom sample roll.
Ordering industrial chemicals after testing a sample vial.
Buying a TV after seeing a display model in a shop.
