Distinguishing
Distinguishing
Real World
In Balfour v Balfour (1919), a wife's claim for maintenance failed because domestic agreements lack intention to create legal relations, but in Merritt v Merritt (1970) the court distinguished the case because the couple were separated, making the agreement more formal.
Exam Focus
Identify the material fact difference between the two cases — examiners award marks for explaining exactly why the precedent does not apply.
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