If someone promises to drive you to the airport but then fails to do so, is it considered a “breach of contract”?
One woman in New Zealand made this claim after her boyfriend neglected to pick her up in time for her trip.
As per the order announced by the New Zealand Disputes Tribunal on Thursday, the pair, who are not identified, had been together for six and a half years.
The woman said that she and her boyfriend had made a “verbal contract” whereby he would take care of her two dogs, stay at her house while she was away, and drop her off at the airport. She was traveling with friends to attend a concert.
The woman texted the man the day before her trip, asking him to come get her between 10 and 10:15 a.m. However, he never showed up, so she missed her flight. She informed the tribunal that she was suing him for reimbursement for the expenses incurred by changing flights the following day, using a shuttle to get to the airport, and boarding her dogs at a kennel.
The woman stated in the order that the man had previously taken care of her dogs and “enjoyed staying at her house.” Although they had previously shared a residence, the man’s kid had returned to live with him, so they were now living apart.
In addition, the woman asked for payment for the ferry ticket she had bought the man as part of a trip to see her sons in December of last year.
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The claim was rejected by the tribunal, which hears minor disputes and is composed of neither judges nor attorneys, on the grounds that the man’s commitment was insufficient to constitute a contract.
Tribunal referee Krysia Cowie stated in the March 7 order that an agreement must have been intended “to create a legally binding relationship” in order for it to be enforceable.
“Partners, friends and colleagues make social arrangements, but it is unlikely they can be legally enforced unless the parties perform some act that demonstrates an intention that they will be bound by their promises,” she stated.
“When friends fail to keep their promises, the other person may suffer a financial consequence but it may be that they cannot be compensated for that loss.”
According to Cowie, the guy made his commitments as part of “normal give and take in an intimate relationship,” and there was no indication that he intended to be legally bound by them.
“It forms part of the everyday family and domestic relationship agreements that are not enforceable in the Disputes Tribunal,” she stated.
The man had indicated he would not go to the tribunal hearing and had not returned Cowie’s call, according to the order.
