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Esso Petroleum Co Ltd v Mardon : ウィキペディア英語版 | Esso Petroleum Co Ltd v Mardon
''Esso Petroleum Co Ltd v Mardon'' () (EWCA Civ 4 ) is an English contract law case, concerning misrepresentation. It holds that the divide between a statement of opinion and fact becomes more factual if one holds himself out as having expert knowledge. ==Facts== Mr Mardon was buying a petrol station franchised by Esso Petroleum Co Ltd. Esso told him they had estimated that the throughput of a petrol station in Eastbank Street, Southport, would be 200,000 gallons a year; however, the local council had made a decision regarding planning permission which meant that there would be no direct access from the main street and therefore fewer customers. The estimate provided by Esso did not take this into account despite their knowledge of the decision. Mr Mardon bought the petrol station and business did not go well. From 1964, Mr Mardon negotiated a lower rent with Esso but was still losing money. Esso then brought an action for possession against Mr Mardon, who counterclaimed for damages of Esso’s breach of warranty or negligence under ''Hedley Byrne''. Lawson J held there was no contractual warranty and damages for negligent misstatement were limited to losses before 1964. Mr Mardon appealed.
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