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Balfour v. Balfour

Court of Appeal of England
2 K.B. 571 (1919)


Facts

A husband (defendant) and wife (plaintiff), who were married in England, moved to Ceylon (now Sri Lanka) where the husband worked. After a trip back to England, the wife decided to stay for medical reasons while the husband returned alone to Ceylon. Before leaving, he promised to send her a monthly allowance for her support. Eventually, they decided to live apart permanently. She sued for and obtained an award of alimony from him then sued additionally, under contract law, for the monthly allowance he had promised.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Atkin, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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