Balfour vs. Balfour Case Study

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Law of contract

BALFOUR vs. BALFOUR
[1919] 2K.B. 571

TABLE OF CONTENTS
1. LIST OF ABBREVIATIONS
2. LIST OF CASES 3. FACTS OF THE CASE 4. ISSUES INVOLVED 5. CONTENTIONS 6. JUDGMENT

7. LAW POINT
8. BIBLIOGRAPHY

LIST OF ABBREVIATIONS
I. L.J. : Lord Justice
II. AIR : All India Reporter
III. QBD : Queen’s Bench Division
IV. CBNS : Common Bench Report (New Series)
V. AER :All England Reporter
VI. CLR : Commonwealth Law Reports

LIST OF CASES
Cases referred to by the court of appeal in Balfour vs. Balfour: I. Eastland vs. Burchell (1878),3 Q.B.D. 432
II. Jolly vs. Rees (1864),15 C.B.N.S. 628
III. Debenham vs. Mellon (1880),6 App. Cas. 24
Cases having the same law point as Balfour vs. Balfour:
I. Rose and Frank Co. vs. Crompton & Bros. Ltd. (1925) A.C. 445 II. Jones vs. Padavatton (1969) All E.R. 616
III. Meritt vs. Meritt (1970) 2 All E.R. 760
IV. S.V.R. Mudaliar vs. Rajababu AIR 1995 SC 1607.
Some recent case laws having the same law point:
I. Ermogenous v Greek Orthodox Community of SA Inc
(2002) 209 CLR 95

Facts
Archbishop Ermogenous made a claim for payments he thought due for annual and long service leave from the Greek Orthodox Community.  He succeeded at first instance but the Full Court of the Supreme Court of SA found there was no intention to create legal relations between the parties.  An appeal was made to the High Court.

II. EDMONDS v LAWSON (2000)

FACTS OF THE CASE
After their marriage in August, 1900, the parties went to Ceylon, where the husband had a government post. In November, 1915, the wife came to England together with the husband, who was on leave. they both intended to return to Ceylon .In August,1916,the husband’s leave expired and he had to return to Ceylon ,but the wife ,on the advice of her doctor ,was to remain in England. On August 8, 1916, when the husband was about to sail, the wife alleged that the parties enter into an oral contract whereby the husband agreed to make an allowance of £ 30 a month. The parties had not at that time agreed to live apart, but did so subsequently when differences arose between them. An action was taken by the wife against the husband to recover money which she claimed was due to her under the agreement, the alleged consideration for that agreement being a promise by her to support herself without calling upon him.

ISSUES INVOLVED
* Was there any legally enforceable contract?
* Was there any intention to enter into a legal relationship?

CONTENTIONS
PLAINTIFF: In this case the wife said: “In august 1916, my husband’s leave was up .I was suffering from rheumatoid arthritis. My doctor advised my staying in England for some months, and not to go out till Nov. 4.I booked a passage for next sailing day in September. On august 8 my husband sailed. He gave me a cheque from august 8 to august 31 for 24 pounds, and promised to give me 30 pounds per month till I joined him in Ceylon.”She also showed some letters about which she said: “My husband and I wrote the figures together on august 8 and 34 pounds were shown. Afterwards he said 30 pounds.” She wanted to recover money from her husband. DEFENDANT: 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.

JUDGEMENT
At first instance, Sargant, J., who was sitting as an...
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