Balfour v. Balfour (1919) — Intent to Create Legal Relations
Author: Gulzar Hashmi Location: India Publish Date: 26 Oct 2025
Quick Summary
Mr. and Mrs. Balfour were spouses. When she stayed back in England for medical care, he promised to pay her £30 a month until he returned. Later, their relationship broke down and the payments stopped. The court said this was a domestic promise, not a legal contract. Family agreements usually lack the intent to create legal relations.
Issues
- Are promises between husband and wife legally binding contracts?
- Did the parties intend to create legal relations?
Rules
- Domestic agreements (spouses/household) are presumed not to be legally binding.
- To be a contract, there must be an intention to create legal relations—shown by context and conduct.
Arguments
Appellant (Wife)
- Clear promise to pay a fixed monthly amount.
- She relied on the promise while separated for medical reasons.
Respondent (Husband)
- This was a private family arrangement, not meant to be a contract.
- No intention to create legal relations at the time of the promise.
Ratio Decidendi
Agreements between spouses about daily or living expenses are presumed to be social/domestic, not legal. Without proof of legal intent, no contract arises.
Why It Matters
- Separates moral/family promises from legal contracts.
- Shows “intention to create legal relations” as a core element of contract formation.
- Helps analyse family vs. commercial contexts in exam problems.
Key Takeaways
| Do | Avoid |
|---|---|
| Check for signs of legal intent (formality, writing). | Assuming all family promises are contracts. |
| Consider the setting—domestic vs commercial. | Ignoring the parties’ words and conduct. |
| Look for reliance + clarity in separation cases. | Confusing moral duty with legal duty. |
Mnemonic + 3-Step Hook
Mnemonic: “HOME ≠ CONTRACT”
- Setting: Is it a family/home promise?
- Intention: Any clear sign they wanted legal force?
- Conclusion: If no legal intent → no contract.
IRAC Outline
Issue
Are promises between spouses about maintenance legally binding?
Rule
Domestic agreements are presumed not to create legal relations unless clear evidence shows otherwise.
Application
The promise of £30 per month was made within marriage, informally, to manage living arrangements; no clear legal intent was shown.
Conclusion
No contract existed; the claim failed.
Glossary
- Intention to Create Legal Relations
- An element of contract: parties must mean their agreement to be legally binding.
- Domestic Agreement
- Arrangement within a family/household, presumed not legally binding.
- Consideration
- The value exchanged; not decisive here because intent was missing.
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