NAtional Law University, Orissa

Case Analysis On

balfour v. balfour

Submitted to submitted by
Prof. Rangin Pallav Tripathy Nikhil Saini
Assistant Professor of Law 12/ B.A. LL.B/041
School of Law
Contents
Introduction 2 Law as it stood before the case 2 Facts 3 Decision of the court 3 Atkin, l.j. 4 Lord Duke 4 Issues raised 5 Criticism Of The Judgment 6 Effect Of The Case 7 In England 7

Introduction

This is a judgment pronounced by Court of Appeal in England cited as in [1919] 2 K.B. 571. This case has been authority in itself for the principles set in the case not only in England but also in our country where it is cited in several cases and accepted by Hon’ble Courts. We have discussed this case in detail in several cases discussed later by us. Balfour v. Balfour, three quarters of a century after it was decided, remains a leading case. It features prominently in all contract textbooks . So, basically it is very important to discuss this important whose principles are being propounded until now.
The question in the instant case is of contract. Legal intention to form contract and consideration were two important concepts which we used to know before starting brief detail of this case.
Indian judiciary has sanctioned the verdict of this case on the point of legal intention in several cases. This case is first time referred in Indian court in the case of Commissioner of incometax, Bihar And Orissa v. Maharajadhiraj Sir Kameshwar Singh i.e. in early 1950s.
From that, it has also become an important principle of Indian contract