Balfour v Balfour
1919 · [1919] 2 KB 571
Posted By lanbuk.com
- Facts
- A husband working abroad promised to pay his wife a monthly allowance while they were apart. The marriage later failed and she sued on the promise.
- Issue
- Do domestic promises between husband and wife create contracts?
- Held
- No. There was no .
- Principle
- An arrangement for the household is not a contract unless the parties show that they meant it to be one. Property rights and maintenance statutes are a different question.
- Why it matters
- Use it for promises between spouses. Do not use it to defeat section 26, a conveyance, or a court order.
Words and Latin in this note
- Intention to create legal relations
- The parties meant the promise to be enforceable in court. Domestic arrangements are presumed not to. Commercial ones are presumed to. Open the note.
Also on Lanbuk
- Balfour v Balfour in Lanbuk on the Law of Contract
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.