Balfour vs. Balfour

Facts

Plaintiff- wife

Defendant- husband

Husband agreed to pay his wife a certain amount of money every month as maintenance when he was living abroad. Husband failed to pay the promised amount.

Wife brought a suit to enforce the husband’s promise.

Judgement

Wife could not recover the promised amount as it was a social agreement between them and did not intend to create legal relations.

Conclusion

For a contract to be valid parties must intend to create legal obligations. Social and domestic type of agreements are not enforceable in court of law and hence are not valid contracts.