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Question
Domestic arrangements between husband and wife are not contracts was decided in which case?
Domestic arrangements between husband and wife are not contracts was decided in which case?
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Solution
The correct option is C Balfour v. Balfour (1919)
Any obligation, which arises independently of an agreement, cannot be the basis of a valid contract. A domestic arrangement with no intention to create legally binding relations will not constitute a contract, such as a promise by a father to pay pocket money to his son. In the words of Lord Atkin, “The most usual form of agreements, which do not constitute a contract, are the agreements made between husband and wife”. They are not contracts because the parties do not intend that they should be attended by legal consequences.
Case Study: Balfour v. Balfour (1919).
Mr. Balfour left his wife in England on medical grounds and left for Ceylon, the place.of his appointment. He had promised to pay £30 P.M. to his wife until she returns. Subsequently, he stopped sending money to her and decided to live apart. The wife sued the husband for the recovery of the amount promised for, on the ground that her consent to the agreement was enough to constitute valid consideration for the contract. The court did not agree with the views of the wife and dismissed her claim. It was held that it was only a domestic arrangement and not a legal contract because domestic arrangements are outside the realm of contract altogether.However, parties standing in a domestic or social relationship may enter into an enforceable contract if they intend their agreements to have legal consequences.
Any obligation, which arises independently of an agreement, cannot be the basis of a valid contract. A domestic arrangement with no intention to create legally binding relations will not constitute a contract, such as a promise by a father to pay pocket money to his son. In the words of Lord Atkin, “The most usual form of agreements, which do not constitute a contract, are the agreements made between husband and wife”. They are not contracts because the parties do not intend that they should be attended by legal consequences.
Case Study: Balfour v. Balfour (1919).
Mr. Balfour left his wife in England on medical grounds and left for Ceylon, the place.of his appointment. He had promised to pay £30 P.M. to his wife until she returns. Subsequently, he stopped sending money to her and decided to live apart. The wife sued the husband for the recovery of the amount promised for, on the ground that her consent to the agreement was enough to constitute valid consideration for the contract. The court did not agree with the views of the wife and dismissed her claim. It was held that it was only a domestic arrangement and not a legal contract because domestic arrangements are outside the realm of contract altogether.However, parties standing in a domestic or social relationship may enter into an enforceable contract if they intend their agreements to have legal consequences.
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