Balfour v Balfour (1919) is a landmark case in contract law that established the doctrine of “intention to create legal relations.” This doctrine differentiates between social/domestic agreements and legally binding contracts, emphasising that not all promises are enforceable in court.
Intention to create legal relations:
The case highlighted that for a contract to be legally enforceable, there must be an intention by the parties to enter into a legal relationship. In Balfour v Balfour, the court ruled that domestic agreements, such as those between a husband and wife, typically lack this intention and thus are not enforceable under contract law (Saprai, 2017).
Separation of contract and promise:
The case challenges the notion that all promises are contracts. It underscores that while contracts are based on promises, not all promises are intended to be legally binding. This distinction is crucial in understanding the boundaries of contract law (Saprai, 2017).
Implications for contract theory:
The decision in Balfour v Balfour has profound implications for contract theory, particularly in how it separates the realms of personal promises and formal contracts. It suggests that contract law is not merely about promises but about promises that parties intend to be legally enforceable (Saprai, 2017).
Comparison with other cases:
The case is often compared with Merritt v Merritt, where the court found that a similar agreement between separated spouses was enforceable due to the clear intention to create legal relations, illustrating how context and intention affect enforceability (Jackson, 2019).
In conclusion, Balfour v Balfour is pivotal in contract law for establishing that not all agreements, particularly domestic ones, are intended to be legally binding. It introduced the necessity of an intention to create legal relations, thereby shaping the understanding and application of contract law by distinguishing between social promises and enforceable contracts.
Read a case summary of Balfour v Balfour.
References
Saprai, P., 2017. Balfour V Balfour and the separation of contract and promise. Legal Studies, 37, pp. 468 – 492. https://doi.org/10.1111/lest.12162
Jackson, N., 2019. Balfour v Balfour [1919] 2 KB 571 including commentary on Merritt v Merritt [1970] EWCA Civ 6; [1970] 1 WLR 1211.. Essential Cases: Contract Law 3e. https://doi.org/10.1093/HE/9780191883750.003.0018
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To cite this resource, please use the following reference:
National Case Law Archive, 'What can be established from Balfour v Balfour?' (LawCases.net, August 2025) <https://www.lawcases.net/analysis/what-can-be-established-from-balfour-v-balfour/> accessed 14 October 2025
