Mrs. Seema went to the local rice and wheat wholesale shop and asked for 100 kgs of Basmati rice. The Shopkeeper quoted the price of the same as 125…

(a) (i) As per the provisions of Sub -Section (2) of Section 17 of the Sale of Goods Act,1930, in a contract of sale by sample, there is an implied condition that: (a) the bulk shall correspond with the sample in quality; (b) the buyer shall have a reasonable opportunity of comparing the bulk with the sample. In the instant case, in the light of the provisions of Sub -Clause (b) of Sub -Section (2) of Section 17 of the Act, Mrs. Seema will not be successful as she casually examined the sample of rice (which exactly corresponded to the entire lot) without noticing the fact that even though the sample was that of Basmati Rice but it contained a mix of long and short grains. (ii) Sale by Sample (Section 17 of the Sale of Goods Act,1930): As per the provisions of Sub- Section (1) of section 17 of the Sale of Goods Act,1930, a contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect. As per the provisions of Sub -Section (2) of section 17 of the Sale of Goods Act,1930, in a contract of sale by sample, there is an implied condition that: (a) that the bulk shall correspond with the sample in quality; (b) that the buyer shall have a reasonable opportunity of comparing the bulk with the sample. (c) that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample. (iii) In case Mrs. Seema specified her exact requirement as to length of rice, then there is an implied condition that the goods shall correspond with the description. If it is not so, the seller will be held liable.