COURT OF APPEAL OF ENGLAND AND WALES

BALFOUR V. BALFOUR (1919) 2 KB 571

Bench: Atkin, Warrington and Duke LJJ

APPELLANT/DEFENDANT:
Mr. Balfour

RESPONDENT/PLAINTIFF:
Mrs. Balfour

DATE OF JUDGMENT: 25/06/1919

AREA OF LAW: Enforcement of promises, family arrangements.

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Acknowledgement

Working on the case of Balfour V. Balfour (1919) 2 KB 571 was a very knowledgeable
experience. The documentation has actually helped me in enrichment my knowledge on the case
and the subject. The case along with relevant sections and case laws was discussed at deep
lengths in the class which helped me in making this project.
I feel highly privileged to work under the guidance of Mam and sincerely acknowledge her
efforts in directly and indirectly contributing of this piece of work.

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Facts of the case

 Mr. Balfour and Mrs. Balfour was a married couple.

 Mr. Balfour was a civil engineer and worked for the as the director of the irrigation in
Ceylon.
 While Mr. Balfour was on leave in 1915 they both came back to England
 But Mrs. Balfour got rheumatic arthritis and her doctor advised her to stay because a
jungle climate was not conducive to her health.
 As Mr. Balfour’s boat was about to set sail. He promised her euro 30 per month until she
came back to Ceylon.
 They parties relationship deteriorated 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 euro 30 payments. In
July she got a decree nisi and in December she obtained an order for alimony1.

Question of law

1. Is it necessary that both the parties intend that an agreement be legally binding so
as to be an enforceable contract?
It is essential that both the parties intend that an agreement be legally binding so at to
become enforceable.
2. What are the circumstances in which a court can decline to enforce an agreement
between spouses?
The court will not interfere between the spouses in their day to day affairs.2

1
http://www.casebriefs.com/blog/law/contracts/contracts-keyed-to-calamari/the-agreement-process/balfour-v-
balfour/2/

2
https://www.lawnotes.in/Balfour_vs._Balfour_(1919)

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 Arguments

It was argued by Mrs. Balfour that

 If the wife is living apart from her husband by mutual consent then the right of
the wife to pledge her husband’s credit arises.
 She also agrees to give that right and to accept the allowance instead; she is
entitled to sue for it.
 Therefore, the consideration for the promise by the husband to pay the allowance
was that Mrs. Balfour gave up her right to pledge her husband’s credit.

It was been argued by Mr. Balfour that

 The husband has right to withdraw the authority from his wife to pledge his
credit.
 There must be intention to create legal relation between the parties so as to enter
into an agreement enforceable by law
 In case of social engagements and family arrangements, there is a strong
presumption that parties therein have no intention to enter into legal enforceable
contract
 These agreements are made in amity, grounded on domestic relation between the
parties and obligations arising out of those relations3.

Related Case laws

3
https://indiancaselaws.wordpress.com/2013/01/14/balfour-v-balfour-1919-2-kb-571/

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Simpkins v. Pays (1955) (3) All ER10: it was held that agreement between the parties to share
the winning prize money is valid and accordingly the plaintiff is entitled to claim of 150 ponds as
the 1/3 share of the prize.

Merritt v. Merritt (1970) 2 All ER 760; (1970) 1 WLR 1211: This case demonstrates that
although domestic arrangements are assumed not to create legally binding obligations but in
some cases this assumption can be overruled by the facts.

Court decision

 There was no enforceable agreement.

 The agreement is sometimes termed as allowance. However these agreements are not
contracts.
 Parties had not intended that they should be attended by legal consequences. The
intention to come in a legal binding contract was missing.
 Moreover it was also noticed by the court that there would not be enough courts to handle
the volume of cases. Thus husband promise didn’t arise to the level of contract.
 Therefore it is necessary to remember that there are agreements between parties which
don’t result in contract within the meaning of that term in our law.4

My View Point

4
The Indian Contract Act by Dr. R.K Bangia, 13th edition, pg no. 9

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If these promises are treated as contacts the flood gate will open. In my opinion I agree with the
judgment laid out by the court of appeal. The spouse needed to make a contract if they really had
an intention to create the legal relation. The courts view is absolutely right because they had
made their contract based on their love and trust. Court defined that the contract made by the
spouse are not legally binding as they made the contract based on their trust and anything come
afterwards will be considered as family matters.

Bibliography

 Books

R.K Bangia

 Sites
Casebreifs.com
Lawnotes.in
Indiancaselaws.wordpress.com

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