Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Topics of Law

Question:

In a famous case law, the validity of an agreement entered between a husband and wife was in question. The husband and wife went on leave to England and the wife fell ill in England. The doctors who treated the wife advised her to take full bed rest and remain in England in order to continue the treatment. The wife stayed in England. When the leave was over, the husband went to Ceylone where he was employed and promised to send a sum of Pounds 30 to the wife every month for her stay in England. He sent the amount for some time and later on due to differences and misunderstanding between them, the husband stopped sending the amount. The wife initiated action to recover the arrears due to her. The Court dismissed it on the ground that the agreement entered into between the husband and wife was not a contract. The arrangement between the husband and wife was only a moral obligation and the parties never intended to create any legal relationship.

Which of the following case law is being discussed here?

Options:

Balfour v. Balfour

Carlill v. Carill

Ford Vs Ford

None of the above

Correct Answer:

Balfour v. Balfour

Explanation:

The case being discussed here is:/Balfour v. Balfour

In the case of Balfour v. Balfour, the court held that there was no intention to create legal relations between the husband and wife in their agreement, and therefore, it did not constitute a legally binding contract. The arrangement was considered a moral obligation rather than a contractual one.