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Harper's Garage agreed to accept all petrol for its two stations from Esso for a long period of time, a solus agreement. It agreed to keep the garage open at all reasonable hours and not to sell it without ensuring that the buyer entered a similar agreement. One agreement was for 5 years, the other for 21 years.
Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd; Esso Petroleum Co Ltd v Mardon; Exxon Corp v Exxon Insurance Consultants International Ltd; Exxon Corp. v. Governor of Maryland; Exxon Mobil Corp. v. Allapattah Services, Inc. Exxon Mobil Corp. v. Saudi Basic Industries Corp. Exxon Shipping Co. v. Baker
Enderby Town Football Club Ltd v The Football Association Ltd; Equitable Life Assurance Society v Hyman; Errington v Wood; Esso Petroleum Co Ltd v Comrs of Customs and Excise; Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd; Evangelou v McNicol; Everet v Williams; Experience Hendrix LLC v PPX Enterprises Inc
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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 House of Lords (Lord Fraser dissenting) agreed with the Court of Appeal that the petrol, not the coins, was being sold.But, then, on the question of whether the coins were being given under a contractual obligation, or as a mere gift, Lord Simon of Glaisdale, Lord Wilberforce and Lord Fraser agreed there was intention to create legal relations, given the heavy onus of proof to show a ...