Balfour vs. Balfour (King’s Bench-1919)
Rule of Law: Where parties to the contract do not intend to create a binding agreement, the agreement cannot be enforced.
The case of Balfour vs. Balfour is a well-known illustration of a domestic agreement. In this case, Mr Balfour was working in Ceylon. He and his wife (Mrs Balfour) went to England on furlough. When Mr Balfour was to return to Ceylon, his wife was advised to remain in England, due to ill health. Mr Balfour agreed to send a sum of £30 per month for the probable expense of maintenance. For some time, he sent the amount but afterwards differences arose between them which resulted in their separation and the allowance fell into arrears. Mrs Balfour claim for recovery was dismissed. Atkin on the ground that parties did not intend that it will be attended by legal consequences.