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.