The Case

 

Mr Balfour was a civil engineer, and worked for the Government as the Director of Irrigation in Ceylon (now Sri Lanka). Mrs Balfour was living with him. In 1915, they both came back to England during Mr Balfour's leave. But Mrs Balfour had developed rheumatic arthritis. Her doctor advised her to stay in England, because a jungle climate would be detrimental to her health. As Mr Balfour's boat was about to set sail, he promised her £30 a month until she came back to Ceylon. They drifted apart, and Mr Balfour wrote saying it was better that they remain apart. In March 1918, Mrs Balfour sued him to keep up with the monthly £30 payments. In July she got a decree nisi and in December she obtained an order for alimony.

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Held (The Judgement)

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At first instance, Sargant J held that Mr Balfour was under an obligation to support his wife.

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The Court of Appeal unanimously held that there was no enforceable agreement. The agreement was a purely social and domestic agreement and therefore it was presumed that the parties did not intend to be legally bound.

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