Monday, 26 May 2014

Intention to enter into contract - English Contract Law

Balfour v Balfour 

Citation: [1919] 2 KB 571
This case deals with whether legal intention to enter into contract is necessary for a valid contract. Some social promises may not be contracts if the intention of the parties was never to enter into contractual relations.
The husband (Defendant) lived in Ceylon and agreed to make monthly payments of 30 pounds to his wife (Plaintiff) who lived in England (due to a medical condition).
Later, the relations between them got spoilt and the Defendant stopped sending the money to the Plaintiff.   

The court held that arrangements made between husband and wife did not amount to a legally enforceable contract. The Plaintiff was not entitled to recover the money. 

No comments:

Post a Comment