A large housing development exhibition had small models of houses displayed for
ID: 428684 • Letter: A
Question
A large housing development exhibition had small models of houses displayed for buyers to facilitate the negotiation process. The models were replicas of the actual properties on sale, intended to give the buyers some idea of the dimensions and proportions of the houses on sale. Which of the following statements is true with regard to this scenario?
The model is a replica of the article in question. The mere fact that a sample is exhibited during negotiation of the contract does not make the sale a sale by sample. There must be an intent shown that the sample is part of the basis of contracting.
This is an instance of warranty of conformity to sample. Since the sample is exhibited during negotiation of the contract, it makes the sale a sale by sample.
Any description of the goods, sample, or model made part of the basis of the sales contract creates an implied warranty that the goods shall conform in kind and quality to the description, sample, or model.
This is a case of implied warranty that is imposed by the law; the implied warranty arises from the fact that a sale has been made, even if it is through display of samples and models.
Explanation / Answer
This is an instance of warranty of conformity to sample. Since the sample is exhibited during negotiation of the contract, it makes the sale a sale by sample.
Explanation- does the given sample provide an agreement of exact replica of the exact house which have to be sold make it a sale by sample.
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