University of Central Punjab

Course Title: Advocacy Skills

Submitted by: Sharjeel Nazar
Registration no.: L1F20LLBH0077
Section: B-2
Submitted to: Mam Freeha Khalid
Title : Legal Problem
Parties:
● 1st is Plantiff (Mrs.Balfour) .
● 2nd one is Defendant (Mr. Balfour).

Issue of the case:

Before leaving to Ceylon he orally promised to his wife that he will give 30 € every month until
he cames back. But unfortunately there relation got soured and she took action against her
husband legally for the 30 € because of breach of contract.

Facts of the case:

● Mr Balfour and his wife lived in Ceylon.
● After Mr, Balfour’s leave-both came back to England.
● Mrs.Balfour became ill and needed medical attention so the doctor advised her to stay in
England as the Ceylon climate detrimental to her health.
● Before leaving to Ceylon he orally promised to his wife that he will give 30 € every
month until he cames back .
● Later Mr & Mrs.Balfour relationship soured.
● Mrs. Balfour took action against Mr. Balfour legally to keep up the 30 € monthly
Payment.
Was the Defendant bound to pay 30 € per month:
-NO
It was held that the characteristics of the agreement was purely and completely domestic in
nature, Lord Justice held that when a husband and a wife enter into an agreement they never
intend to create a legal relationship. Both the parties must have an intention to create a legal
relationship while entering into an agreement, then only it becomes enforceable in court of law.
Moreover, a court will never take into account the domestic agreements between spouses made
in daily course of life.
The agreement was outside the realm of contracts altogether.