The Case Of Balfour V Balfour ( 1919 )

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The starting point traditionally is for determining this intention is the use of different presumptions for both domestic and commercial agreements. It is seen that agreements are made every day, in the domestic and social aspect of agreements, this is where the parties do not intend to invoke the assistance of the courts whether the engagement should be honoured or not. Lord Stowell stated in the case of Dalrymple v Dalrymple (1811) that it “must not be the sports of an idle hour, mere matters of pleasantry and badinage, never intended by the parties to have any serious effect whatsoever”. There are only prima facie rules which can be reversed by the appropriate circumstances, there are two rebuttable presumptions, the first being that…show more content…
A domestic agreement is that there is a presumption of no intention to create legal relations. The relation that is to be found between both a husband and wife seldom precludes that of the formation of a contract, the context may also indicate a clear intention on either side that is to be bound, but, whether any agreement between the pair falls on one side of the borderline or the other side of it will not always be easy to determine. The case of Balfour v Balfour (1919) falls under this category, this case involved a husband and wife where the husband worked overseas and due to his wife’s illness she could not go back with and accompany him, so the husband had agreed to pay her £30 per month until she was able to return overseas to him. But the husband later wrote stating that it was better if they stayed separated, due to this the wife therefore sued to enforce the continuing of the monthly payment. The Court Of Appeal later held that the agreement was not enforceable since there was a general presumption that there is no intention to create legal relations between the family members. After this case was held Lord Justice Atkin stated that “It is necessary to remember that there are agreements between parties which do not result in contracts within the meaning of that term in our law. The ordinary example is where two parties agree to take a walk together or where there is an offer and acceptance of hospitality.” Hedley believes that the lordship’s

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