| 单词 | Sale by sample |
| 释义 | 憑樣本售貨 The sale of goods pursuant to a contract, an express and implied term of which is that the quality of the bulk of the goods will correspond with that represented by the sample exhibited to the purchaser: Sale of Goods (Cap 26) s 17(1), (2)(a). It is also an implied condition of such a contract that the buyer will have a reasonable opportunity of comparing the bulk of the goods with the sample and that the goods are free of any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample: s 17(2)(b), (c). However, the mere fact that a sample is exhibited during negotiation for a sale does not necessarily mean that the sale is by sample: Ginner v King (1890) 7 TLR 140 (CA). See also Sale by description. 指貨品售賣合約中一項明訂或隱含的條款，意思是整批貨品須在品質上與展示給買方的樣本相符：《貨品售賣條例》(第26章)第17(1)及(2)(a)條。 憑樣本售貨的合約，有以下各項隱含條件：買方須有合理機會，將整批貨品與樣本作比較；貨品並無任何令其不可商售且不會在對樣本進行合理檢驗時顯現的缺點：第17(2)(b)及(c)條。 但在售賣商議時展示樣本的這一純粹的事實，不必指有關的售賣是憑樣本作出的：Ginner v King (1890) 7 TLR 140 (上訴法院)。另見Sale by description。 |
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