Balfour v Balfour [1919]

Balfour v Balfour [1919] 2 KB 571 is a landmark decision in contract law, emphasising the importance of clear intention to create legally enforceable agreements, especially in the context of domestic arrangements.

Mr Balfour, a civil engineer, and Mrs Balfour were married, and they lived in Ceylon. Mrs Balfour developed rheumatoid arthritis during their stay in England, and Mr Balfour's job required him to return to Ceylon. Before his departure, he orally promised to pay his wife £30 a month until she rejoined him in Ceylon. However, the couple later drifted apart, and Mrs Balfour sued for the continuation of the monthly payments after Mr Balfour ceased to fulfil his promise.

The Court of Appeal unanimously held that there was no enforceable agreement. The judges provided different reasoning, but they all concurred in rejecting the claim. The court emphasised the presumption against legal relations in domestic agreements. The judges argued that not all agreements between spouses result in legally enforceable contracts. In this case, the court was reluctant to intervene in what they considered to be a domestic arrangement without a clear intention to create legal obligations.

The judges stressed the absence of an intention to affect legal relations between the parties. They held that the promises made between spouses, especially those related to domestic matters, do not necessarily give rise to legal obligations unless there is a clear and unequivocal intention to create a legally binding contract.

The court placed the onus of proof on Mrs Balfour to establish the existence of a contract. The judges found that she failed to demonstrate the necessary intention on the part of both parties to create a legally enforceable agreement.

Balfour v Balfour is often cited as a leading case illustrating the principle that domestic agreements are presumed not to be legally binding unless there is clear evidence of an intention to create legal relations. It sets a precedent for distinguishing between domestic arrangements and contracts, emphasising the importance of parties' intentions in determining the enforceability of agreements.

This case is frequently referenced in conjunction with Merritt v Merritt [1970] 2 All ER 760, which involved a similar issue but was distinguished based on the estranged relationship of the parties at the time of the agreement. Together, these cases provide important guidance on the application of contract law principles in domestic contexts.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.