Balfour v Balfour, Facts, Issue, Desision, Ratio

  • by

This case is concerned with intention to create legal relations in contract law

Facts of balfour v balfour

A husband and his wife lived overseas. And due to health problems the wife cannot stay there anymore. So the husband send the wife to the home and made her a promise that I will send monthly payments of 30 dollars. As the wife relied on it and came back.

As the relationship between them remained good for a couple of months but after that they were separated and the husband stopped sending payments

Issue:

The wife wanted to enforce this promise as contract on the husband.

Decision

It was held that it was just a domestic promise and no contract was made. So the husband was not legally bound to send her money

Lord atkin said that if we consider this promise as a contract it will open floodgates of litigation.

Key point and Ratio of case

There are no legal bindings between spouses.

Related Readings

Errington v Errington