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Balfour V Balfour

In the case of Balfour v Balfour (1919), Mrs. Balfour argues for relief due to her husband's failure to provide a promised monthly allowance, despite the absence of a formal contract. She claims that his promise was intended to be legally binding and that she has suffered detriment by relying on his support. The opposing argument suggests that the promise was made in a domestic context and should not be legally enforceable, advocating for resolution through negotiation instead of litigation.

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13 views1 page

Balfour V Balfour

In the case of Balfour v Balfour (1919), Mrs. Balfour argues for relief due to her husband's failure to provide a promised monthly allowance, despite the absence of a formal contract. She claims that his promise was intended to be legally binding and that she has suffered detriment by relying on his support. The opposing argument suggests that the promise was made in a domestic context and should not be legally enforceable, advocating for resolution through negotiation instead of litigation.

Uploaded by

sivanandha.k0013
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Monday, 21 August 2023

Balfour v Balfour (1919 )

Arguments by plaintiff

- The plainti , Mrs. Balfour, should be granted relief by the court as she is in
a vulnerable position and deserves protection.

- The defendant, Mr. Balfour, made a promise to provide Mrs. Balfour with a
monthly allowance of £30, which he has failed to ful l.

- The absence of a formal agreement or contract should not invalidate Mrs.


Balfour's claim, as there was a clear intention by both parties for the
promise to be legally binding.

- Mr. Balfour, as a husband, has a legal duty to support his wife nancially,
regardless of the absence of a formal agreement

- Mrs. Balfour has relied on her husband's promise and has su ered
detriment as a result of his failure to ful l it. She had to forgo other
opportunities and rely solely on her husband's nancial support

- Granting relief to Mrs. Balfour will not undermine the importance of formal
agreements or contracts, but rather re ect the unique circumstances of
this case.

- It is in the interest of justice and fairness to hold Mr. Balfour accountable


for his promise and provide relief to Mrs. Balfour.

- It is not in the interest of justice to hold Mr. Balfour accountable for a


promise that was made in the context of a domestic relationship and
without the intention for it to be legally enforceable. The court should
encourage parties to resolve their disputes through negotiation and
compromise rather than relying on the legal system.

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