Balfour v Balfour [1919]

Written By Nicolas Heyes

Court: Court of Appeal

Basic Facts: C (Mrs. Balfour) and D (Mr. Balfour), a married couple, had a domestic arrangement where D agreed to pay C £30 per month while he worked abroad. Upon separation, D stopped the payments, and C sued for the £30.

Issue for the Court: Is a domestic arrangement a legally enforceable contract?

Held: The court decided that domestic arrangements are generally not legally enforceable contracts unless there is clear intention to create legal relations.

  • Warrington LJ: Domestic arrangements are not enforceable as contracts due to the risk of legal intervention in trivial family matters. There was no intention to create a legal contract.

  • Duke LJ: Such arrangements could be contracts, but only if there is clear intention to create one.

  • Ashworth LJ: Ordinary domestic arrangements, like agreeing to go for a walk, are not legally enforceable if the parties did not intend a contract.

💡Leveluplaw : This case clarified the distinction between domestic agreements and legally binding contracts, setting a precedent that family arrangements are not enforceable unless there is clear evidence of intent.

Nicolas Heyes
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