Balfour v/s Balfour

Case Law of "Legal Purpose" in Essential Of Valid Contract

1. Balfour v Balfour

2. Balfour v Balfour Citation - Balfour v Balfour , [1919] 2 KB 571 Appellant- Mr. Balfour Respondent/Plaintiff - Mrs. Balfour Year- 1919 Court- Court of Appeal of England and Wales Judges - Atkin , Warrington, and Duke LJJ Country - United Kingdom Area of law - Enforcement of promises, Family arrangements

3. Facts of the Case 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. 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. In July she got a  decree nisi and in December she obtained an order for alimony.

4. Issue of the Case Was Mr. Balfour's offer intended to be legally binding? Does the fact that they were husband and wife matter?

5. Judgment of the Case The lower court entered judgment in favor of the plaintiff and held that the defendant’s promise to send money was enforceable. The court held that Mrs. Balfour’s consent was sufficient consideration to render the contract enforceable and the defendant appealed. The court said that: It is essential that both the parties should intend that an agreement be legally binding so at to become enforceable. The courts will not interfere between the spouses in their day to day affairs.

6. Presented By - Prachi Porwal