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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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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 intended that they should be sued upon. The proposition that the mutual promises made in the ordinary domestic relationship of husband and ba,four of necessity give cause for action on a contract seems to me to go to the very root of the relationship, and to be a possible fruitful source of dissension and quarrelling.

This understanding was made while their relationship was fine; however the relationship later soured. If a reasonable person in the position of offree would consider that the offer made by the blafour was intended to create legal relations, then offeror will be so bound by contract subject to fulfilment of other requirements.

For these reasons I think the judgment of the Court below was wrong and that this appeal should be allowed.

Balfour v Balfour

Post was not sent – check your email addresses! The parties were husband and wife, and subject to all the conditions, in point of law, involved in that relationship. That is in my opinion sufficient to dispose of the case. That was why in Eastland v Burchell 3 5771the agreement for separation was found by the learned judge to have been of decisive consequence.


Both cases are often quoted examples of the principle of precedent. Retrieved from ” http: Atkin held that the law of contracts is not made for personal family relationships. Mrs Balfour was living with him. Notify me of new comments via email. Fill in 51 details below or click an icon to log in: 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.

Balfour v Balfour [] 2 K.B. (25 June ) | Practical Law

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.

Then Duke Blfour gave his. This site uses cookies. I think that the parol evidence upon which the case turns does balfouf establish a contract.

Lord Justice Atkin [2] took a different approach, emphasising that there was no “intention to effect legal relations”. Balfour v Balfour [] 2 KB is a leading English contract law case. Balfour and his wife went to England for a vacation, and his wife became ill and needed medical attention.

Balfour v Balfour – Wikipedia

I think the onus was upon the plaintiff, and the plaintiff has not established any contract. An agreement for separation when it is established does involve mutual considerations. By using this site, you agree to the Terms of Use and Privacy Policy.

Balfour and thus found the contract binding, which Mr. You are commenting using your Facebook account. Her doctor advised her to stay in England, because the Ceylon climate would be detrimental to her health.

The consideration that really obtains for them is that natural love and affection which counts for so little in these cold Courts. This intention is to be determined objectively Smith v.


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.

In consideration that balfoud will agree to give me 30l.

In respect of these promises each house is a domain into vv the King’s writ does not seek to run, and to which his officers do not seek to be admitted. The Court of Appeal unanimously held that there was no enforceable agreement, although the depth of their reasoning differed.

Networked Knowledge – Contract Law Casenotes

As there was no intent to balfoour legally bound when the agreement was agreed upon, there can be no legally binding contract. Causes of action; Intention to create legal relations; Maintenance; Marriage; Oral contracts. To find out more, including how to control cookies, see here: It is impossible to say that where lb relationship of husband and wife exists, and promises are exchanged, they must be deemed to be promises of a contractual nature.

All I can say is that the small Courts of this country would have to be multiplied one hundredfold if these arrangements were held blfour result in legal obligations. The suggestion is that the husband bound himself to pay 30l.

At first instance, Sargant J held that Mr Balfour was under an obligation to support his wife.