Court: Court of Appeal (England and Wales)
Citation: (1919) 2KB 571
Year: 1919
Facts: As the Director of Irrigation for the Government of Ceylon (now Sri Lanka), Mr. Balfour was a civil engineer who had his wife, Mrs. Balfour, living with him. In 1915, when Mr. Balfour was on leave, they both went to England. However, Mrs. Balfour suffered from rheumatoid arthritis, and her doctor advised her to stay in England due to the unfavorable climate in Ceylon. As Mr. Balfour was about to set sail, he verbally agreed to pay his wife £30 monthly until her return. Nevertheless, their relationship soured, and Mr. Balfour ceased paying the agreed amount of maintenance. He later proposed that they dissolve their marriage in a letter to his wife, which resulted in a legal separation and ultimately divorce. In 1918, Mrs. Balfour sued her former spouse for failure to fulfill his court-ordered obligation to pay her maintenance.
Issues:
- Was there any intention on the part of Mr. Balfour to make an agreement with his spouse, Mrs. Balfour?
- Can the agreement made between Mr. and Mrs. Balfour be legally enforced?
Judgement:
Mr. Balfour’s appeal proved successful, with the court ruling that there was no legal relationship or contract between him and his wife. The examination of the circumstances surrounding the formation and execution of the agreement could establish whether the parties intended to create a legally binding relationship. Consequently, Mr. Balfour was not obligated to provide financial support to Mrs. Balfour as per the terms of the agreement.