balfor

Topics: Stereotype, Stereotypes, Prejudice Pages: 42 (10235 words) Published: October 21, 2013
 
Balfour v. Balfour – Case Brief Summary
Summary of Balfour v. Balfour, 2 K.B. 571 (1919).
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

1. Must both parties intend that an agreement be legally binding in order to be an enforceable contract? 2. Under what circumstances will a court decline to enforce an agreement between spouses? Holding and Rule

1. Yes. Both parties must intend that an agreement be legally binding in order to be an enforceable contract. 2. 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.
Note
Contracts related to the social aspect of marriage will not be enforced by the courts. Contracts between spouses related to business relationships can be enforced, however. Courts are willing to support negotiated divorce settlements and written statements of support. See Burnham v. Superior Court of California for a law school civil procedure case brief involving an issue of personal jurisdiction in connection with a divorce lawsuit.

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Stereotypes Focus Defensive Projection
Olesya Govorun
Kathleen Fuegen
The Ohio State University
B. Keith Payne
University of North Carolina, Chapel Hill
Defensive projection is the process of perceiving one’s undesirable qualities in others. The present research shows how stereotypes guide and justify the projection of specific traits onto specific group members. In four studies, the authors demonstrated that people who experienced a threat to a specific dimension of their self-concept selectively activated this dimension in a stereotype and derogated stereotyped others on this dimension. They further showed that stereotyped individuals are more likely to serve as targets of projection than are nonstereotyped individuals. These results demonstrate the functional role of stereotypes in guiding and constraining motivated self-enhancement.

Keywords: projection; stereotyping; accessibility; self-threat; compen- satory self-enhancement
Can stereotypes reveal more about a perceiver than a
person perceived? According to theories of defensive
projection, stereotypes may do just that (Allport, 1954;
Newman & Caldwell, 2005). Projection is the process of
perceiving one’s undesirable qualities in others as a way
to protect one’s self-image (A. Freud, 1936; S. Freud,
1924/1956;...


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