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In the English Court of Appeal’s 1919 decision in Balfour v Balfour, a husband promised his wife an…

Atkin LJ explained that the spouses did not intend their domestic arrangement to create legal obligations. He treated that question separately from whether a comparable…

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In the English Court of Appeal’s 1919 decision in Balfour v Balfour, a husband promised his wife an allowance while she stayed in England for health reasons. What reason did Atkin LJ give for treating this domestic arrangement as unenforceable in contract?

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Answer and explanation

Correct answer B

Atkin LJ explained that the spouses did not intend their domestic arrangement to create legal obligations. He treated that question separately from whether a comparable exchange could provide consideration in a different setting.

Option feedback

Option A

The agreed sum was specified, and uncertainty was not the reason Atkin LJ gave.

Option B

Atkin LJ based his reasoning on the absence of intention to create legal obligations.

Option C

Atkin LJ did not impose a deed requirement for spousal agreements.

Option D

The case rejected enforcement of this ordinary domestic promise.

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