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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If however, instead of doing so, she agrees to give up that right and to accept an allowance instead, she is entitled to sue for it. Sign In Don’t have an account? To find out more, including how to control cookies, see here: All I can say is that there is no such contract here.
Balfour v Balfour  2 K.B. (25 June ) | Practical Law
For the reasons given by my brethren it f to me to be plainly established that the promise here was not intended by either party to be attended by legal consequences. Consumer Credit Act ss 60, 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.
The lower court bqlfour that there was sufficient consideration in the consent of Mrs. Leave a Reply Cancel reply Enter your comment here Inthey both came back to England during Mr Balfour’s leave. But Mrs Balfour had developed rheumatic arthritis.
Balfour v Balfour
The matter really reduces itself to an absurdity when c considers it, because if we were to hold that there was a contract in this case we should have to hold that with regard to all the more or less trivial concerns of life where a wife, at the request of her husband, makes a promise to balfoyr, that is a promise which can be enforced in law. The Court of Appeal unanimously held that there was no enforceable agreement, although the depth of their reasoning differed.
This understanding was made while their relationship was fine; however the relationship later soured. Parker v Clark  1 WLR Jones v Balvour . Court of Appeal Civil Division. Agreements such as these are outside the realm of contracts altogether. That is in my opinion sufficient to dispose of the case. Her doctor advised her to stay in England, because the Ceylon climate would be detrimental to her health.
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.
Contract Law Casenote: Balfour v Balfour UK
They drifted apart, and Mr Balfour wrote saying it was better that they remain apart. 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.
He failed to make the payment and she sued him. Warrington, concurring in the result, agreed substantially with Atkin, but added that there was no bargain of any kind made by Mrs.
Balfour v. Balfour  2 KB 571
All I can say is that the small Courts of this country would have to be multiplied one hundredfold if these arrangements were held to result in legal obligations. I think that the letters do not evidence such a contract, or amplify the oral evidence which was given by the wife, which is not in dispute.
They are not sued upon, not because the parties are reluctant to enforce their legal rights when the agreement is broken, but because the parties, in the inception of the arrangement, never baflour that they should be sued upon.
Balfour and thus found the contract binding, which Mr. 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 bwlfour in contracts within the meaning of that term in our law.
Here the court distinguished the case from Balfour v Balfour on the fact that Mr and Mrs Merritt, although still married, were estranged at the time the agreement was made and therefore any agreement between them was made with the intention to create legal relations. Balfour’s appeal was allowed. You are commenting using your Twitter account. Balrour [ show ]. If a reasonable person in the position of offree would consider that the offer made by the offeror was intended to create legal relations, then offeror will be so bound by contract subject to fulfilment of other requirements.
In July she got a decree nisi and in December she obtained an order for alimony.