Balfour v Balfour

Reference. 2 K.B. 571 (Court of Appeal 1919)

Brief Fact Summary of Balfour v Balfour. A spouse vowed to pay his better half a £30 every month stipend. The spouse sued her better half to uphold the guarantee.

Summation of Rule of Law. Understandings among a couple to give monies are by and large not contracts on the grounds that for the most part the “parties d[o] not mean that they ought to be gone to by legitimate results.”

Realities. The Plaintiff and the Defendant were a hitched couple. The Defendant spouse and the Plaintiff wife lived in Ceylon where the Defendant worked. In 1915, while the Defendant was on leave, the couple came back to England. At the point when the time had come to come back to Ceylon, the Plaintiff was educated not to return on the grounds that with respect to her wellbeing. Before the Defendant returning, he vowed to send the Plaintiff £30 every month as help. The gatherings’ relationship crumbled and the gatherings started living separated. The Plaintiff carries suit to authorize the Defendant’s guarantee to pay her £30 every month. The lower court found the gatherings’ understanding established an agreement.

Issue. Does the spouses guarantee to pay £30 every month establish a substantial agreement which can be sued upon?

Held. The court previously perceived that specific types of understandings don’t arrive at the status of an agreement. An understanding between a couple is in many cases such a type of understanding. In such understandings, one gathering is give a specific entirety of cash on an every day, week by week, month to month, and so forth premise. This understanding is now and again named a recompense. Notwithstanding, these understandings are not contracts in light of the fact that the “parties didn’t expect that they ought to be gone to by legitimate results.” One explanation the court is reluctant to regard these understandings as agreements, is that there would not be sufficient courts to deal with the volume of cases. Hence, here, the spouse’s guarantee didn’t ascend to the degree of an agreement.

Conversation. The court makes a fascinating contention with regards to not authorizing these sorts of guarantees. The court contends that if these guarantees are treated as agreements the conduits will open.