Citation : Balfour V. Balfour ( 1918 − 19) ALL ER 860 ( CA)
Facts
- a couple went to England on leave. For health reasons the wife was unable to accompany the husband again to Ceylon (Husband’s place of work).
- The husband promised to pay 30 pounds per month to his wife as maintenance, but he failed to pay.
- The husband was held not liable, as there was as no intention to create legal relationship
Law Points
- Section 25(1) of ICA 1872- Agreement without consideration is void, unless,
- it was not expressed in writing and registration on account of love and affection
- Section 10 of ICA 1872 – What agreements are contract
- All agreement are contract if they are made by
- the free consent of parties competent to contract
- for lawful consideration
- and with a lawful object
- and are not hereby expressly declared to be void.
- Nothing herein contained shall affect any law in force in India and not hereby expressly repealed by which any contract is required to be made in writing or in the presence of witness or any law relating to the registration of documents.
- Here no intention to make contract
Principle
- No bargain
- No intention to make it a contract
- Consideration
- Some right − profit − benefit − forbearance − loss − responsibility given or suffer
- The consideration, as we know, may consist either in some right, interest, profit, or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
- Parties did not intend that they should be attended by legal consequences
- Consideration obtains − natural love & affection
