Balfour vs. Balfour

 


CASE COMMENTARY

 

Title of the case

Balfour vs. Balfour

Year

1919

 

Facts- The defendant was employed on a government job in Ceylon. He went to England with his wife on leave. The wife could not come back to Ceylon with her husband. The husband promised to pay a specific amount per month to his wife as maintenance for the period she had to live apart. The husband failed to pay the amount as promised by him to his wife.

                                                   As a result of it, wife sued her husband for the compensation.

 

Issue- Whether it resulted in any contract?

            Is it fulfilling the essential elements of a contract if it is an agreement?

 

Held- It was observed that it is fulfilling the essential elements of an agreement but it does not resulted into a contract because it lacked an important element that is impliedly required. That element is the intention to create legal relations.

     Justice Atkin observed that it appears to him that the arrangement between husband and wife doesn’t result into a contract in the ordinary circumstances because they generally do not intend that they should be attended by legal consequences.

 

Contemporary- In the present era, this judgment has got a wide recognition in the sense that the essential ingredient apart from the essentials of a contract is the intention to create legal relation. Even in the Indian Contract Act, 1872, intention to contract is not mentioned as an essential ingredient under Section 10 but it has been recognized in the judicial precedents such as CWT vs Abdul Hassan (1988) and even accepted when the cases arose of such a nature that the intention became an objective test to determine the intention or willingness to enter into legal relationships.

 

References

Balfour vs. Balfour (1919) 2 K.B. 571

 

 

 

 

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