Also known as: sample · samples · sampled · statistical sampling · evidentiary sampling
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A physical specimen or model that forms part of the basis of the bargain and creates an express warranty that the whole of the goods will conform to the specimen or model.
A physical specimen or model that forms part of the basis of the bargain and creates an express warranty that the whole of the goods will conform to the specimen or model.
Select any source to read its text and confirm it supports the definition.
The process of inspecting, copying, testing, or sampling items or property in the responding party's possession, custody, or control during discovery.
Select any source to read its text and confirm it supports the definition.
The process of inspecting, copying, testing, or sampling items or property in the responding party's possession, custody, or control during discovery.
Each sense below has its own examples, sources, and questions.
Sabrina Shah orders custom upholstery from Skyline Construction after examining a fabric sample the seller provided. The delivered fabric fades after one month of normal use. Shah sues for breach of the express warranty created by the sample because the sample formed part of the basis of the bargain.
Solomon Silver inspects a batch of lumber samples at length before signing a contract with Sapphire Technologies. After delivery the lumber shows knots that the examination should have revealed. Silver's claim for breach of the implied warranty of merchantability fails because the pre-contract examination of the sample precludes recovery for those defects.
No. The UCC provides that any sample made part of the basis of the bargain creates an express warranty that the goods will conform to the sample, regardless of whether the seller uses formal words such as 'warrant.'
Supporting sources
A buyer who examines the sample or model as fully as desired before contracting has no implied warranty claim for defects that the examination ought to have revealed under the circumstances.
Supporting sources
Samantha Stone sues a neighboring factory for groundwater contamination and serves a document request seeking permission to enter the facility and collect soil samples. The defendant objects that the request is overly broad. The court orders limited sampling at designated locations because the samples are relevant to proving causation.
Sean Steele alleges that a pharmaceutical caused birth defects and seeks to introduce expert testimony based on laboratory sampling of the drug's chemical composition. The defendant moves to exclude the testimony. The court evaluates whether the sampling methods are scientifically reliable before admitting the results.
Sasha Stone files a class action against Stonehaven Properties alleging widespread building defects. Plaintiffs move to compel sampling of units across multiple complexes. The court limits sampling to a statistically valid subset because broader sampling would impose undue burden without advancing class certification issues.
Samuel Soto sues Starlight Media for defamation and serves a subpoena seeking internal emails and marketing samples. The media company objects on First Amendment grounds. The court permits sampling of a narrow set of documents after balancing the need for relevant evidence against the burden of production.
Yes. Federal Rule of Civil Procedure 34 permits a party to request entry onto land or other property to inspect, measure, photograph, test, or sample the property or any designated object on it.
Supporting sources
…exchanges, fire and police stations, restaurants, theatres and moving picture shows, retail stores and shops, sales offices, sample rooms, wholesale stores for hardware, drugs and groceries, stations for gasoline and oil (not exceeding 1,000 gallons storage) and for ice delivery, skating rinks and dance halls, electric…