Is it a “breach of contract” if someone says they will take you to the airport and then doesn’t show up?
That’s what a woman in New Zealand claimed after her boyfriend failed to pick her up before her flight as planned.
The couple, neither of whom are named, had been in a relationship for six and a half years, according to a order released Thursday for the New Zealand Court of Controversies. The woman, who was traveling to a concert with friends, said she and her boyfriend entered into a “verbal contract” in which he agreed to drop her off at the airport, stay at her house while she was away and look after her. two dogs.
The day before the flight, the woman texted the man with instructions to pick her up between 10am and 10:15am. But he never arrived, causing her to miss her flight. She told the court she was seeking compensation from him for the cost of taking a different flight the next day, taking a bus to the airport and boarding her dogs at a kennel.
According to the dispatch, the woman said the man “liked to stay at her house” and had previously taken care of her dogs. The couple had previously lived together, but were now living in separate homes since the man’s son moved back in with him.
The woman also asked for a refund of the cost of a ferry ticket she bought for the man as part of his planned holiday last December to visit his children.
The court, which is used to resolve small claims and has no lawyers or judges, rejected the complaint, saying the man’s promise did not amount to a contract.
For an agreement to be enforceable, there must be an intention to “create a legally binding relationship”, court arbitrator Krysia Cowie said in the order, dated March 7.
“Partners, friends and colleagues make social agreements, but they are unlikely to be legally enforceable unless the parties perform some act that demonstrates their intention to be bound by their promises,” she said.
“When friends don’t keep their promises, the other person may suffer a financial consequence, but they may not be able to compensate for that loss.”
The man’s promises were made as part of the “normal give and take in an intimate relationship”, Cowie said, and there was no indication of any intention for him to be legally bound by them.
“It is part of everyday family and domestic relationship agreements that are not enforceable in the Court of Disputes,” she said.
According to the order, the man said he would not attend the court hearing and did not respond to a call from Cowie.
This article was originally published in NBCNews. with
