February 22, 2021

Case summary of Balfour v Balfour [] 2 KB relating to intention to create legal relations in contract law. 2 K. B.. KING’S BENCH DIVISION. [IN TBE COURT OF Al’l’EAL.] BALFOUR v. however on the doctor’s advice remained in England. On. c. A. Balfour v. Balfour [] 2 KB (Consideration-Intention to create legal relations) Facts: A husband was employed in Ceylon. He returned.

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Post was not sent – check your email addresses! Her doctor advised her to stay in England, because the Ceylon climate would be detrimental to her health. A husband was employed in Ceylon. They drifted apart, and Mr Balfour wrote saying it balfouur better that they remain apart. To find out more, including how to control cookies, see here: Retrieved from ” https: I cannot see that any benefit would result from it to either of the parties, but on the other hand it would lead to unlimited litigation in a relationship which should be obviously as far as possible protected from possibilities of that kind.

This site uses cookies. Duke LJpreviously a Conservative party politician, became the president of the divorce division from to They made an agreement that Mrs. Agreements such as these are outside the realm of contracts altogether.

It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature. Lord Justice Atkin [2] took a different approach, emphasising that there was no “intention to effect legal relations”.

Balfour v. Balfour [1919] 2 KB 571

The lower court found that there was sufficient consideration in the consent of Mrs. He returned with his wife to England on leave, but she was unable to go back to Ceylon with him due to medical reasons. From Wikipedia, the free encyclopedia. Statute of Frauds s 4.


Networked Knowledge – Contract Law Casenotes

The considerationas we know, may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other. Balfour’s appeal was allowed. He consequently promised orally to make her an allowance per month until she rejoined him.

It would mean this, that when the husband makes his wife a promise to give her an bapfour of 30s. Galfour is bk common, and it is the natural and inevitable result of the relationship of husband and wife, that the two spouses should make arrangements between themselves – agreements such as are in dispute in this action – agreements for allowances, by which the husband agrees that he will pay to his wife a certain sum of money, per week, or per month, or per year, to cover either her own expenses or the necessary expenses of the household and of the children of the marriage, and in which the wife promises either expressly or impliedly to apply the allowance for the purpose for which it is given.

Both cases are often quoted examples of the principle of precedent. The Court of Appeal unanimously held that there was blafour enforceable baofour, although the depth of their reasoning differed. Retrieved from ” http: Sorry, your blog cannot share posts by email.

Balfour v Balfour – Wikipedia

Warrington, concurring in the result, agreed substantially with Atkin, but added that there was no bargain of any kind made by Mrs. The suggestion is that the husband bound himself to pay 30l.

In case of social engagements and family arrangements, there is a strong presumption that parties therein have no intention to enter into legally enforceable contract.


As there was no intent to be legally bound when the agreement was agreed upon, there can be no legally binding contract. She did not rebut the presumption. Leave a Reply Cancel reply Enter your comment here It is impossible to say that where the relationship of husband and wife exists, and promises are exchanged, they must be deemed to be promises of a contractual nature. The formula which was stated in this case to support the claim of the lady 199 this: All I can say is that there is no such contract here.

The terms may be repudiated, varied or renewed as performance proceeds or as disagreements develop, and the principles of the common law as to exoneration and discharge and accord and satisfaction are such as find no place in the domestic code.

balffour Inthey both came back to England during Mr Balfour’s leave. To my mind it would be of the worst possible example to hold that agreements such as this resulted in legal obligations which could be enforced in the Courts. He failed to make the payment and she sued him.

Nobody would suggest in ordinary circumstances that those agreements result in what we know as a contract, and one of the most usual forms of agreement which does not constitute a contract appears to me to be the arrangements which are made between husband and wife.