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This problem is based on sale of goods by sample.
Under the provisions of the Sale of Goods Act, in a sale by sample, there is an implied
condition that the bulk shall correspond with the sample in quality and that the buyer shall
be afforded a reasonable opportunity to compare the bulk with the sample
In this case Ben paid for the goods before he had an opportunity to examine them. But on
examination the bulk did not correspond with the sample.
The legal position is that Ben is entitled to reject the goods as Sally has breached the implied
condition that the bulk shall correspond with the sample in quality.
Ben is therefore entitled to recover the amount paid to Sally.
maurice.mutuku answered the question on April 26, 2018 at 08:30
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