BTF1010 Study Guide - Final Guide: Exxon, Kleinwort Hambros, Arthur Balfour
11 Sep 2018
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Making the contract: intention and consideration (pg 204) (pg 203: balfour v balfour [1919] 2 kb 571. Facts: mr balfour promised to pay his wife 30 per month. Decision: an agreement existed but held that the parties had not intended it to be legally binding. Generally, domestic arrangements of this type were not intended to finish up in courts: todd v nichol [1957] sasr 72. Facts: mrs nichol invited her sister in law and niece to live with her, and that she would provide free accommodation till the rest of their lives. Due to a fight she wanted them to leave the house. Decision: if the agreement is of domestic nature the court begins with the presumption that the parties did not intend to contract. Presumption can be rebutted if there is evidence to contrary. The case had commercial flavor: rose and frank co v j r crompton & bros ltd [1923] 2 kb 261 (pg 204)
