Case:7

Can a promise between married parties result in a legally binding agreement?

In this case, Mr. and Mrs. Balfour, who used to live together as a married couple
in Sri Lanka, went for a vacation to England. During this time, Mrs. Balfour
developed rheumatic arthritis. The doctor advised Mrs. Balfour to stay back in
England as, according to him, Sri Lankan climate would worsen her health.
Before Mr. Balfour returned to Sri Lanka, he promised to send £30 to her per
month. During their stay away, the parties drifted apart and separated.

Decide on who is right and give your explanations

A husband and wife were residents in ceylon, where husband was employed. They
went to England on nine months leave. At the end of the time the husband had to return
alone as the wife was advised to remain in England because of illness. The husband
promised to send her the maintenance allowance of £ 30 a month until she returned to
ceylon. The husband failed to pay the amount. The wife sued for the allowance. It was
held that there was no binding contract. She could not recover as it was a social
agreement and parties did not intend to create any legal relations.

CASE-8

Communication of Offer is Necessary

In this case, the defendant’s nephew went missing and the petitioner, who was
a servant under the defendants was sent out in his search to Hardwar. After
sending the petitioner, the defendant carried out an offer to the general public
offering Rs. 501 to whomsoever finds the missing boy. The Plaintiff found the
boy and helped return him back to his home. He had been paid the money he
spent in going to search for the boy, i.e., his travel expenses. When he
returned, he continued working for the defendants for about six months. After
six months, he sued the defendants for paying him the prize money that was
offered earlier.

Decide on who is right and give your explanations

 knowledge and assent about a proposal is must in order to convert a

proposal into enforceable agreement and in the present case plaintiff was
neither aware nor has assent about the particular act
 It was also said by the Honorable Judge that plaintiff was merely fulfilling
his obligations at the time when he was tracing the boy.
 So, the appeal was dismissed and it was held that plaintiff was not entitled
to claim reward for finding the missing boy.
 If the person gives his assent and then performs the condition of proposal
than only, he is entitled to claim rewards associated with such proposal.

Conclusion:

it was clearly established that firstly, acceptance or assent is a must for converting
a proposal into enforceable contract. Secondly, parties must have knowledge
about the proposal and without knowledge of the proposal it cannot converted
into agreement even if condition associated with such proposal is fulfilled.