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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

Issue

Holding and Reasoning (Atkin, J.)

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