Important Case Laws In Contract Law Par
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGALORE
M.B.L. PART – I CONTRACT LAWS
Important Case Laws
1. Balfour v. Balfour [(1919) 2 KB 571]
Mr. Balfour promised to send £ 30 every month.
Mr. Balfour did not send the money
Mrs. Balfour sought to recover the promise money in the court of law.
Whether a promise of domestic nature between a husband & wife could be binding? Held that, the promise between the parties was not intended by them to be legally binding. Hence, Mrs. Balfour could not enforce the payment.
2. Jones v. Padavatton [(1969)2 All ER 616]
The daughter of a Trinidad resident was employed. Though unwilling, she accepted the offer from her mother to leave her job and study for the Bar in
England.
In return her mother promised to pay her fees & a monthly allowance
After sometime the daughter was asked to purchase a house for her own residence. The mother paid off the cost of the house in several instalments. The daughter moved in, took in lodgers and rents started arriving. The mother never received any rent nor was she supplied with accounts.
After about 2 years she issued summons claiming possession of the house.
The daughter counter claimed for £ 1,655 said to have been paid in respect of the house.
Could the daughter claim that the arrangement between herself and her mother was to continue indefinitely;
Could the mother be presumed to have waived all her rights over the house only because of the fact that the daughter was in possession of the house and was the person receiving rents?
held that, the mother was entitled to the house as against her daughter, because (1) the arrangement between the two of them was throughout a family arrangement depending on the good faith
The arrangement was far too vague and uncertain to be enforceable as contract 3. Carlill v. Carbolic Smoke Ball Co [(1893)1QB 256]
Carbolic Smoke Ball Co. advertised in Newspaper anyone who uses its Smoke ball will not get influenza for a certain period
BANGALORE
M.B.L. PART – I CONTRACT LAWS
Important Case Laws
1. Balfour v. Balfour [(1919) 2 KB 571]
Mr. Balfour promised to send £ 30 every month.
Mr. Balfour did not send the money
Mrs. Balfour sought to recover the promise money in the court of law.
Whether a promise of domestic nature between a husband & wife could be binding? Held that, the promise between the parties was not intended by them to be legally binding. Hence, Mrs. Balfour could not enforce the payment.
2. Jones v. Padavatton [(1969)2 All ER 616]
The daughter of a Trinidad resident was employed. Though unwilling, she accepted the offer from her mother to leave her job and study for the Bar in
England.
In return her mother promised to pay her fees & a monthly allowance
After sometime the daughter was asked to purchase a house for her own residence. The mother paid off the cost of the house in several instalments. The daughter moved in, took in lodgers and rents started arriving. The mother never received any rent nor was she supplied with accounts.
After about 2 years she issued summons claiming possession of the house.
The daughter counter claimed for £ 1,655 said to have been paid in respect of the house.
Could the daughter claim that the arrangement between herself and her mother was to continue indefinitely;
Could the mother be presumed to have waived all her rights over the house only because of the fact that the daughter was in possession of the house and was the person receiving rents?
held that, the mother was entitled to the house as against her daughter, because (1) the arrangement between the two of them was throughout a family arrangement depending on the good faith
The arrangement was far too vague and uncertain to be enforceable as contract 3. Carlill v. Carbolic Smoke Ball Co [(1893)1QB 256]
Carbolic Smoke Ball Co. advertised in Newspaper anyone who uses its Smoke ball will not get influenza for a certain period