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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Balfour v Balfour  2 K.B. 571 (25 June 1919)
Views Read Edit View history. The parties were living together, the wife intending to return. He placed weight on the fact that the parties had not yet been divorced, and that the promise had been made still whilst as husband and wife. Balfour v Balfour  2 KB It is required that the obligations arising out of that relationship shall be displaced before either of the parties can found a contract upon such promises. The defence to this action on the alleged contract is that the defendant, the husband, entered into no contract with his wife, and for the determination of that it is necessary to remember that there are agreements between parties which do not result in contracts within the meaning of that term in our law.
Fill in your details below or click an icon to log in: The wife on the other hand, so far as I can see, made no bargain at all. It is quite 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.
The formula which was stated in this case to support the claim of the lady was this: You are commenting using your Twitter account. From Wikipedia, the free encyclopedia. In respect of these promises each house is a domain into which the King’s writ does not seek to run, and to which his officers do not seek to be admitted. If however, instead of doing balffour, she agrees to give up that right and to accept an allowance instead, she is entitled to sue for it. Mrs Balfour was living with him.
Balfour v. Balfour  2 KB
The lower court found that there was sufficient consideration bslfour the consent of Mrs. Their promises are not sealed with seals and sealing wax. He returned with his wife to England on leave, but she was unable to go back to Ceylon with him due to medical reasons.
Such agreements are made in amity, grounded on domestic relations between the parties and obligations arising out of those relations; and no legal consequences could reasonably have been contemplated by them for breach of such agreements.
The common law does not regulate the form of agreements between spouses. Balfour and thus found the contract binding, which Mr. Duke LJpreviously a Conservative party politician, became the president of the divorce division from to Then Duke LJ gave his. To my mind those agreements, or many of them, do not result in contracts at all, and they do not result in contracts even though there may be what as between other parties would constitute consideration for the agreement.
This intention is to be determined objectively Smith v. All I can say is that there is no such contract here. In order to establish a contract there ought to be something more than mere mutual promises having regard to the domestic relations of the parties.
Consumer Credit Act ss 60, Retrieved from ” https: Sign In Don’t have an account? Inthey both came back to England during Mr Balfour’s leave. Both cases are often quoted examples of the principle of precedent. Her doctor advised her to stay in England, because the Ceylon climate would be detrimental to her health. In July she got a decree nisi and in December she obtained an order for alimony. Law of Property Miscellaneous Provisions Act s 2 1. Balfour v Balfour  2 KB is a leading English contract law case.
Contract Law Casenote: Balfour v Balfour UK
He consequently promised orally to make her an allowance per month until she rejoined him. Warrington LJ delivered his opinion first, the 199 part being this passage. But Mrs Balfour had developed rheumatic arthritis. The ordinary example is where two parties agree to take a walk together, or where there is an offer and an acceptance of hospitality. Post was not sent – check your email addresses! These two people never intended to make a bargain which could be enforced in law.
Balfour v Balfour
That is in my opinion sufficient to dispose of the case. To my mind neither party contemplated such a result. The husband has a right to balfoir the authority from his wife to pledge his credit. At first instance, Sargant J held that Mr Balfour was under an obligation to support his wife. Sorry, your blog cannot share posts by email. Causes ballfour action; Intention to create legal relations; Maintenance; Marriage; Oral contracts.
He failed to make the payment and she sued him. The proposition that the mutual promises made in the ordinary domestic relationship of husband and wife of necessity give cause for action on a contract seems to me to go to the very 22 of the relationship, and to be a possible fruitful source of dissension and quarrelling.