Balfour v. Balfour Case Brief Summary | Law Case Explained

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Balfour v. Balfour | 2 K.B. 571 (1919)

The four basic elements of a contract are the offer, acceptance, consideration, and intent to be bound. Intent needn’t be stated explicitly by either party, but its presence or absence can be inferred from surrounding circumstances and the nature of the agreement. In the famous English case of Balfour versus Balfour, the court had to decide whether a husband and wife intended to be legally bound by an agreement between them.

Mr. and Mrs. Balfour were married in nineteen hundred. They traveled to Ceylon, now called Sri Lanka, for Mr. Balfour’s job and lived there until 1915. They returned to England while Mr. Balfour was on leave. In 1916, when Mr. Balfour’s leave ended, he returned to Ceylon, but Mrs. Balfour remained in England for health reasons. Mr. Balfour promised to pay Mrs. Balfour £30 a month until he returned. Although Mr. Balfour planned on returning to England shortly, after several months he wrote to Mrs. Balfour suggesting that they stay apart. In 1918, the couple divorced. The trial court held that Mr. Balfour’s promise of support was a binding contractual obligation, for which Mrs. Balfour’s consent to the arrangement constituted consideration. Mr. Balfour appealed.

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