Solve.
Mr. X promises to pay. Rs. 1,000 per month to Mrs X but fails to pay the promised amount. Mrs X filed a suit against her husband for breach of this agreement. Will she succeed?

Open in App

Solution

It is a general principle that agreements which are enforceable by law are contracts. 'Enforceable by law' here means that parties to the contract will have remedies in the court of law in case of any breach.
It was held in a famous case Balfour vs Balfour that there is a rebuttable presumption i.e. an assumption made by a court that is taken to be true unless someone comes forward to contest it and prove otherwise, against an intention to create a legally enforceable agreement when the agreement is domestic in nature.
In the present case too, there is a domestic agreement between a husband(X) and his wife (Y) and it is a usual presumption in this type of case that the parties did not intend to create a legal relatioship adn hence the wife will not succeed.

Suggest Corrections

Similar questions

Mrs. Gupta repays her total loan of Rs. 1,18,000 by paying instalments every month. If the instalment for the first month is Rs. 1,000 and it increases by Rs. 100 every month, what amount will she pay as the $30^{t h}$ instalment of loan ? What amount of loan she still has to pay after the $30^{t h}$ instalment ?

Q. "I promise to pay Mr. Amit or Order Rs 1,500" is promissory note.

Q. Solve.
X, a Hindu husband executed a registered document in favour of Y, his wife, whereby he promised to pay her Rs. 1,000 per month. Later, X did not pay. Can Y recover from X (a) if this promise was made without any disagreement and quarrels between them? (b) if this promise was made after disagreement and quarrels between them?

Q. Mr Dev purchased a car paying Rs

90, 000

and promised to pay Rs 5000 every 3 months for the next 10 years. The interest is

6

% p.a. compounded quarterly. If Mr Dev misses first 6 payments , how much should he pay at the time of 7th payment (approximately) to bring himself up to date.

Q. Solve.
X borrowed 1,000 from Y. X executed a bond promising to work for Y without pay for 2 years arid in case of default agreed to pay interest at 10% per month and the principal amount at once. Is this agreement valid?

Join BYJU'S Learning Program

Solve.Mr. X promises to pay. Rs. 1,000 per month to Mrs X but fails to pay the promised amount. Mrs X filed a suit against her husband for breach of this agreement. Will she succeed?

Solve.
Mr. X promises to pay. Rs. 1,000 per month to Mrs X but fails to pay the promised amount. Mrs X filed a suit against her husband for breach of this agreement. Will she succeed?