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Esso Petroleum v Mardon [1967]


  • 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


  • Could the contract be rescinded after Esso failed to revise its estimate?


  • No


  • Not a factual representation, only an estimate, however damages awarded for negligent misstatement for a breach of warranty
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