Balfour V. Balfour is one of the famous case in Law of Contract
Fact :
In This case the defendant was a civil servant at Ceylon. When He left England he promised his wife (plaintiff) to send 30 Pounds per months But he did not send the amount as promised. The plaintiff (wife) filed a suit against her husband
Issue/ Question involved :
The issue / question involved in this case, "Whether the said agreement between the husband and wife for monthly allowance gives rise to create any legal relationship for enforceability?
Reasoning :
An agreement to be enforceable, it must give rise to legal relation/ consequences. Social agreement / Contract does not create legal relationship between the parties.
Judgement :
Lord Atkin dismissed the above suit as it is not actionable / maintainable on the ground that it does not give rise to legal relationship/Consequence.
Lord Atkin Observed :
"There are agreements between parties, which do not result in contracts within the meaning of that term in our law. The most usual forms of agreement, which do not constitute a contract are the agreements made between husband and wife . They are not contracts, because the parties do not intend that they should be attended by legal consequences." therefore the suit was dismissed.
Fact :
In This case the defendant was a civil servant at Ceylon. When He left England he promised his wife (plaintiff) to send 30 Pounds per months But he did not send the amount as promised. The plaintiff (wife) filed a suit against her husband
Issue/ Question involved :
The issue / question involved in this case, "Whether the said agreement between the husband and wife for monthly allowance gives rise to create any legal relationship for enforceability?
Reasoning :
An agreement to be enforceable, it must give rise to legal relation/ consequences. Social agreement / Contract does not create legal relationship between the parties.
Judgement :
Lord Atkin dismissed the above suit as it is not actionable / maintainable on the ground that it does not give rise to legal relationship/Consequence.
Lord Atkin Observed :
"There are agreements between parties, which do not result in contracts within the meaning of that term in our law. The most usual forms of agreement, which do not constitute a contract are the agreements made between husband and wife . They are not contracts, because the parties do not intend that they should be attended by legal consequences." therefore the suit was dismissed.
0 comments:
Post a Comment