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Section 113: Sections 76 to 123 [Repealed by the Indian Sale of Goods Act, 1930]

Indian Contract Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1872
Section 112 All 266 Sections of Indian Contract Act Section 114

Legal Commentary & Landmark Judgments: Section 113

Historical Section 113 of the Indian Contract Act, 1872 governed sales of goods by sample, establishing an implied warranty that the bulk of the goods would correspond with the sample in quality, and that the buyer would be afforded a reasonable opportunity of comparing the bulk with the sample. Codified into Sections 15 and 17 of the Sale of Goods Act, 1930, this provision safeguards commercial buyers in bulk transactions.

  • Tripartite Statutory Conditions for Sale by Sample: (a) Bulk must correspond with the sample in quality; (b) buyer must have a reasonable opportunity of comparing bulk with sample; (c) goods must be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.
  • Express or Implied Term of Contract: The contract must contain a term, express or implied, to the effect that the transaction is a sale by sample; the mere exhibit of a sample during negotiations does not automatically make it a sale by sample unless agreed.
  • Right to Reject Bulk on Discrepancy: Any material variance between the sample and the delivered bulk entitles the buyer to reject the consignment or treat the breach of condition as a breach of warranty for damages.
Key Landmark Precedents:
  • James Drummond & Sons v. E.H. Van Ingen & Co. (1887) 12 App Cas 284: Reaffirmed that the purpose of a sample is to present to the eye the real meaning and intention of the parties, and the seller cannot excuse a latent defect in the bulk by proving that the same defect was present in the sample if not detectable on reasonable inspection.
  • Godley v. Perry [1960] 1 WLR 9: Applied across Indian jurisdictions; held that a defect which could not be discovered by ordinary reasonable examination of a sample plastic toy rendered the manufacturer and wholesaler liable for breach of the statutory warranty of sample and merchantability.
Courtroom Practice & Strategic Litigation Guidance:

When drafting pleadings in bulk commodity disputes (e.g. agricultural grain, chemicals, textiles), produce contemporaneous counter-samples, joint sampling protocols, and surveyor certificates. Prove that the buyer demanded a physical opportunity to compare the bulk and rejected the cargo immediately upon discovering deviation.

Section 112 All 266 Sections of Indian Contract Act Section 114