Is there 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 has been named, had been dating for six and a half years, according to an order released on Thursday by the New Zealand Dispute Tribunal. The woman, who was traveling with friends to attend a concert, said she and her boyfriend entered into a “verbal contract” in which he agreed to drop her off at the airport, stay at her home while she was away and to take care of her. two dogs.
The day before her flight, the woman sent the man a message with instructions to pick her up between 10 a.m. and 10:15 a.m. But it never arrived, causing her to miss her flight. She told the tribunal she was seeking compensation from him for the costs of catching another flight the next day, taking a shuttle to the airport and putting her dogs in a kennel.
According to the warrant, the woman said the man “enjoyed staying at her home” and had cared for her dogs in the past. 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 a holiday she planned to visit her sons last December.
The tribunal, which is used to settle small claims and has no lawyers or judges, rejected the claim, saying the man’s promise fell short of a contract.
For an agreement to be enforceable, there must be an intention “to create a legally binding relationship,” tribunal referee Krysia Cowie said in the order, which was dated March 7.
“Partners, friends and colleagues make social agreements, but these are unlikely to be legally enforceable unless the parties take some action that indicates an intention to be bound by their commitments,” she said.
“If friends don’t keep their promises, the other person may suffer financial consequences, but he or she may not be compensated for that loss.”
The man’s promises were made as part of the “normal give and take of an intimate relationship,” Cowie said, and there was no indication he would be legally bound by them.
“It is part of everyday family and domestic relationship agreements that are unenforceable in the Disputes Tribunal,” she said.
The order said the man had said he would not attend the tribunal hearing and had not responded to a follow-up call from Cowie.
This article was originally published on NBCNews.com
