Balfour
v Balfour
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Facts
Mr.
Balfour (D) and Mrs. Balfour (P) lived in Ceylon and visited England
on a vacation. The plaintiff remained in England for medical
treatment and the defendant agreed to send her a specific amount of
money each month until she could return. The defendant later asked to
remain separated and Mrs. Balfour sued for restitution of her
conjugal rights and for alimony equal to the amount her husband had
agreed to send.
Mrs.
Balfour obtained a decree nisi and five months later was granted an
order for alimony. The lower court entered judgment in favor of the
plaintiff and held that the defendant’s promise to send money was
enforceable. The court held that Mrs. Balfour’s consent was
sufficient consideration to render the contract enforceable and the
defendant appealed.
Issues
- Must both parties intend that an agreement be legally binding in order to be an enforceable contract?
- Under what circumstances will a court decline to enforce an agreement between spouses?
Holding and Rule
- Yes. Both parties must intend that an agreement be legally binding in order to be an enforceable contract.
- The court will not enforce agreements between spouses that involve daily life.
Agreements
between husband and wife over matters that affect their daily lives
are not subject to contractual interpretation, even when
consideration is present. Spouses normally intend that the terms of
their agreements can be varied as situations develop. The court held
that it was presumed that the parties made the agreement as husband
and wife and did not intend that it could be sued upon. The court
held that as a matter of public policy it could not resolve disputes
between spouses.
Disposition
Judgment
for plaintiff Mrs. Balfour reversed.
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