Balfour v Balfour

JurisdictionEngland & Wales
Date1919
Year1919
CourtCourt of Appeal
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158 cases
  • Nagapushani v Nesaratnam and Another
    • Malaysia
    • High Court (Malaysia)
    • 1 January 1970
  • Merritt v Merritt
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 April 1970
    ...the agreement was not intended to have legal relations. It was He says a family arrangement such as was considered by the Court in Balfour v. Balfour. 1919, 2 King's Bench Division, page 571, and in Jones v. Padavatton. 1966, I Weekly Law Reports, page 328. So the wife could riot sue upon i......
  • Parker v Clark
    • United Kingdom
    • Assizes
    • Invalid date
  • Diwell v Farnes
    • United Kingdom
    • Court of Appeal
    • 27 April 1959
    ...13 Husband and wife cases are in a class by themselves, for the reasons given by Lord Justice Atkins in ( Balfour v. Balfour 1919 2 King's Bench, at page 378) where he pointed out that the ordinary incidents of commerce have no application to the ordinary relations between husband and wife.......
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23 books & journal articles
  • Interests in the family home: constructive trusts and estoppel compared
    • Barbados
    • Caribbean Law Review No. 3-1, June 1993
    • 1 June 1993
    ...in Australia and New Zealand (based upon unconscionability) operates in situations similar to that of the common intention. 76 72 [1919] 2 K.B.571. 73 See note 55, supra. 74 Although Gardner suggests a possible way forward based on ideas of trust and collaboration (see (1993) 109 L.Q.R. 263......
  • Intention to Create Legal Relations
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Formation
    • 4 August 2020
    ...of legal enforceability. As we shall see, courts have generally assumed an absence of intention to create legal 1 Balfour v Balfour , [1919] 2 KB 571 (CA). 2 Canadian Taxpayers Federation v Ontario (Minister of Finance) (2002), 73 OR (3d) 621 (SCJ). 118 Intention to Create Legal Relations 1......
  • LEADING THE WAY FOR THE RECOGNITION AND ENFORCEMENT OF INTERNATIONAL MEDIATED SETTLEMENT AGREEMENTS
    • Singapore
    • Singapore Academy of Law Journal No. 2022, March 2022
    • 1 March 2022
    ...agreement. 152 See para 78 below. 153 Gay Choon Ing v Loh Sze Ti Terence Peter [2009] 2 SLR(R) 332 at [72], citing Balfour v Balfour [1919] 2 KB 571. 154 Gay Choon Ing v Loh Sze Ti Terence Peter [2009] 2 SLR(R) 332 at [72], citing Rose and Frank Co v J R Crompton and Brothers, Ltd [1925] AC......
  • Constitutionalizing Procedure
    • Canada
    • Irwin Books Archive Special Lectures 2001. Constitutional and Administrative Law
    • 31 August 2002
    ...private litigants may be to the constitution as family members historically were to the law of contract. See Balfour v. Balfour, [1919] 2 K.B. 571 at 579: "The family is a realm in which the King's writ does not seek to run." 29 An example of such thinking is found in R. Nozick, Anarchy, St......
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