What is the implied term in a contract where a party is ordered to return a sample to the seller?

Ontario, Canada

The following excerpt is from Thomson v. Dyment, 1886 CanLII 25 (ON CA):

The present Master of the Rolls, in Heilbutt v. Hickson, p. 456) says: “Such a contract always contains an implied term that the goods may under certain circumstances be returned; that such terms necessarily contain varying or alternative application, and amongst others the following that if the time of inspection, as agreed upon, be subsequent to the time agreed for the delivery of the goods, or if the place of inspection as agreed upon, be different from the place of delivery, the purchasers may, upon inspection at such time and place, if the goods be not equal to the sample, return them then and there on the hands of the seller. Otherwise the right of inspection given to the purchaser would fail in its primary object.”

The same learned judge in Grimoldby v. Wells, L.R. 10 C.P. 394 said: “There is here a contract for the sale of goods, and by agreement they are to be delivered before a fair opportunity for inspection arises; for it cannot be said it would be reasonable to hold the defendants bound to examine them when they were delivered to him at half way of the journey. The defendant has a right to inspect the goods, and it seems to me that where the sale is by sample and inspection is to be at some place after delivery, the true proposition is that if the purchaser on such inspection finds the goods are not equal to sample, or if they are in fact not equal to sample, he has a right to reject them then and there.”

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