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Balfour Vs Balfour

Mr. Balfour promised to pay his wife £30 per month while she stayed in England for health reasons instead of returning with him to Ceylon. After their relationship deteriorated, Mr. Balfour stopped payments and his wife sued. The court ruled the agreement was not intended to be a legally binding contract since it was a personal arrangement between husband and wife, and contracts do not generally apply to such family relationships.

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239 views

Balfour Vs Balfour

Mr. Balfour promised to pay his wife £30 per month while she stayed in England for health reasons instead of returning with him to Ceylon. After their relationship deteriorated, Mr. Balfour stopped payments and his wife sued. The court ruled the agreement was not intended to be a legally binding contract since it was a personal arrangement between husband and wife, and contracts do not generally apply to such family relationships.

Uploaded by

keenu23
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Balfour v Balfour [1919] 2 KB 571 is a leading English contract

law case.
Facts of the case are as follows:
Mr Balfour was a civil engineer, and worked for the
Government as the Director of Irrigation in Ceylon (now Sri
Lanka). Mrs Balfour was living with him. In 1915, they both
came back to England during Mr Balfour's leave. But Mrs
Balfour had developed rheumatic arthritis. Her doctor advised
her to stay in England, because a jungle climate would be
detrimental to her health. As Mr Balfour's boat was about to set
sail, he promised her 30 a month until she came back to
Ceylon. This understanding was made while their relationship
was fine; however the relationship later soured. They drifted
apart, and Mr. Balfour wrote saying it was better that they
remain apart. In March 1918, Mrs. Balfour sued him to keep up
with the monthly 30 payments.
The lower court found that there was sufficient consideration in
the consent of Mrs. Balfour and thus found the contract binding,
which Mr. Balfour appealed.
Issue
1. Was Mr. Balfour's offer intended to be legally binding?
2. Does the fact that they were husband and wife matter?
Decision

Appeal allowed. The court held the law of contracts is not made
for personal family relationships. As there was no intent to be
legally bound when the agreement was agreed upon, there can
be no legally binding contract.
The agreements such as these were outside the realm of
contract.
Arrangements made between husbands and wives are not
generally contracts as the parties do not intend to be legally
bound by the agreements.

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