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Case of Balfour vs Balfour

Aman durga ,
  08 June 2020       Share Bookmark

Court :

Brief :
The agreement was made due to affection and there was no consideration due to which the agreement can’t be termed as a contract and thus no legal obligation can be arised because of the agreement.
Citation :
Balfour vs Balfour

Facts:

Mr. Balfour and his wife went to England for a vacation, and his wife became ill and needed medical attention. They made an agreement that Mrs. Balfour was to remain behind in England when the husband returned to Ceylon(Sri Lanka) and that Mr. Balfour would pay her 30 pound a month until he returned. After some time, Mr. Balfour stopped paying money to Mrs. Balfour and Mrs. Balfour claims that Mr. Balfour is liable to pay monthly 30 pound as he has entered into an agreement.

The lower court found that there was sufficient consideration in the consent of Mrs. Balfour and thus found the contract binding, which Mrs. Balfour appealed.

Issue:

Can the agreement be considered as a valid contract?

Decision:

The agreement was made due to affection and there was no consideration due to which the agreement can’t be termed as a contract and thus no legal obligation can be arised because of the agreement.

 
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