Balfour v. Balfour case brief

Balfour v. Balfour; (Ct of Appeal, England, 1919); CB 191; Notes 23

Familial contracts; courts favor abstention

• Facts: husband P goes to work in Sri Lanka, leaving wife in Britain. Before leaving he promises her stipends for her maintenance. Eventually stops sending them.
• Holding: No remedy. Bargain between husband and wife not enforceable at law b/c it’s not a K. Wife can seek other remedies under alimony theory, and prefers forum of family court address case, where socially protected status afforded.
• Commentary: the parties didn’t intend that the promise would be enforceable in a court of law. Sometimes courts say that social promises and promises between family members are unenforceable b/c the parties did not intend them to have legal consequences.