Balfour v. Balfour

Facts

• Mr. Balfour was a civil servant employed in Ceylon (Sri Lanka)
• He returned to England on leave with his wife; she fell ill and was advised not to return to the tropical climate
• Mr. Balfour promised to pay her £30 per month for maintenance while they were apart
• The couple later separated permanently; Mr. Balfour stopped paying
• Mrs. Balfour sued for breach of contract to recover the promised allowance

Issue

1. Whether a promise made by a husband to his wife, in the context of their domestic relationship, constitutes a legally binding contract enforceable at law?

Held

• The Court of Appeal unanimously held that no legally binding contract existed
• Mutual promises made in the ordinary domestic relationship of husband and wife do not of necessity give cause for action on a contract
• There is a rebuttable presumption that domestic arrangements between spouses are not intended to create legal relations
• The burden of proving intention to create legal relations falls on the party alleging the contract
• The promise was an ordinary domestic arrangement, not a commercial bargain

Ratio Decidendi

Agreements between spouses, made in the context of their ordinary domestic life, are presumed not to be intended to create legal relations. This presumption is rebuttable, but the onus lies on the party asserting the existence of a contract to show that the parties intended their agreement to have legal consequences. Without evidence of such intention, courts will not enforce domestic arrangements as contracts.