Probability of consignment acceptance

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When a consignment of pens arrives at the retailer's, ten of them are tested. The whole batch is returned to the wholesaler if more than two of those selected are found to be faulty. What is the probability that the consignment will be accepted if 5% of the pens are faulty?

Our instructor told us this would be solved using the binomial distribution which has a condition that the trials are independent. But if you are testing a batch of pens you would test it without replacement which makes the following trials dependent.

So help me understand why is this solved using the binomial distribution?