PPT FOR BALFOUR V/S BALFOUR.

1. BALFOUR VS
BALFOUR
N A M E : M O H I T K ATC H H
RO L L N O : 2 1 0 4 5 1 4 0 0 0 2
B R A N C H : B C O M

2. INTRODUCTION
This case considered whether there was an intention to create
legal relations when a married couple entered into an
arrangement pursuant to which the husband would pay his
wife money while they were living separately as a result of
illness.
The Court held that domestic agreements between spouses
were not intended to create legal relations, with the onus on
the party claiming a contract to show there was intention.

3. FACT OF THE CASE
Husband (defendant) promised to pay his
wife £30 per month whilst she remained in
England due to illness (he resided in Ceylon
(Sri Lanka)). The parties subsequently
divorced and an issue arose as to whether
agreement was enforceable (she had, by this
time, received an order for alimony). When
agreement was made, the parties were on
amicable terms. Mrs Balfour succeeded at
first instance.

4. ISSUE
1.Was Mr. Balfour correct in making his decision?
2.Does the fact that they were husband and wife matter?