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- Could the contract be rescinded after Esso failed to revise its estimate?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