Case summary of Balfour v Balfour [] 2 KB relating to intention to create legal relations in contract law. 2 K. B.. KING’S BENCH DIVISION. [IN TBE COURT OF Al’l’EAL.] BALFOUR v. however on the doctor’s advice remained in England. On. c. A. Balfour v. Balfour [] 2 KB (Consideration-Intention to create legal relations) Facts: A husband was employed in Ceylon. He returned.
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Consideration-Intention to create legal relations. A husband was employed in Ceylon.
Contract Law Casenote: Balfour v Balfour UK
He returned with his wife to England on leave, but she was unable to go back to Ceylon with him due to medical reasons. He consequently promised orally to make her an allowance per month until she rejoined him. He failed to make the payment and she sued him. If however, instead of doing so, she agrees to give up that right and to accept an allowance instead, she is entitled to sue for it. Therefore, consideration for the promise by the husband to pay the allowance was that Mrs.
The husband has a right to withdraw the authority from his wife to pledge his credit.
Balfour v Balfour [1919] 2 K.B. 571 (25 June 1919)
Giving up of that which was not a right was not a consideration. There must be intention of parties to create legal relations while entering into any agreement so as to make it enforceable by law.
This intention is to be determined objectively Smith v. If a reasonable person in the position of offree would consider that the offer made by the offeror was intended to blafour legal relations, then offeror will be so bound by contract subject to fulfilment of other requirements.
In case of social engagements and family arrangements, there is a strong presumption that parties therein have no intention to enter into legally enforceable contract.
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Such agreements are made in amity, grounded on domestic relations between the parties and obligations arising out of those relations; and no legal consequences could reasonably have been contemplated by them for breach of such agreements. You are commenting using your WordPress. You are valfour using your Twitter account.
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