Esso Petroleum v Mardon [1967]

Facts

  • Prior to the granting of planning permission, Esso estimated the future sales of a garage, which caused Mardon to enter into a tenancy
  • When planning permission was granted, entry from the nearby highway was not permitted

Issue

  • Could the contract be rescinded after Esso failed to revise its estimate?

Decision

  • No

Reasoning

  • Not a factual representation, only an estimate, however damages awarded for negligent misstatement for a breach of warranty
RELATED CASE  Hyde v Wrench [1840]

Posted in Contract Law Revision Notes.

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