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Which issue is illustrated by the English Court of Appeal’s 1919 decision in Balfour v Balfour?

The Court of Appeal treated the spouses’ maintenance arrangement as a domestic arrangement without the intention to create legal obligations.

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Which issue is illustrated by the English Court of Appeal’s 1919 decision in Balfour v Balfour?

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Answer and explanation

Correct answer D

The Court of Appeal treated the spouses’ maintenance arrangement as a domestic arrangement without the intention to create legal obligations.

Option feedback

Option A

The judgment did not turn on a party’s incapacity.

Option B

The principal question was the intended legal effect of the arrangement, beyond mutual assent.

Option C

The judgment did not resolve when communication of acceptance took effect.

Option D

The domestic arrangement lacked an intention to create legally enforceable obligations.

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