New Zealand Tribunal Rules Non-Show at Airport Not a Breach of Contract

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ICARO Media Group
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21/06/2024 19h26

In a recent ruling, the New Zealand Disputes Tribunal dismissed a claim made by a woman who argued that her boyfriend's failure to pick her up for her flight constituted a breach of contract. The couple, who have been in a relationship for over six years, had entered into what the woman referred to as a "verbal contract," in which her boyfriend agreed to drop her off at the airport, care for her two dogs, and stay at her home while she was away.

The woman had messaged her boyfriend the day before her flight, instructing him to pick her up between 10 and 10:15 a.m. However, he never showed up, causing her to miss her flight. Seeking compensation for the cost of a different flight, shuttle service to the airport, and boarding her dogs at a kennel, she brought her claim before the tribunal.

The tribunal, which handles small claims without lawyers or judges, ultimately rejected the woman's claim. Referee Krysia Cowie stated in the order that the man's promise did not meet the requirements of a legally enforceable contract. To be binding, an agreement must show an intention to create a legally binding relationship.

Cowie emphasized that social arrangements between partners, friends, and colleagues generally cannot be legally enforced unless the parties involved demonstrate an intention to be bound by their promises. While the woman suffered financial consequences due to the non-show, the tribunal held that she could not be compensated for the loss.

The order highlighted that the man's promises were made within the context of an intimate relationship and were part of the ordinary give and take of such relationships. There was no indication that he intended to be legally bound by these promises, which fell into the realm of everyday family and domestic agreements that are not enforceable by the Disputes Tribunal.

In the order, it was noted that the man had stated his intention not to attend the tribunal hearing and had not responded to follow-up communication from Cowie.

Overall, this ruling highlights the distinction between social agreements and legally enforceable contracts. While individuals may face financial consequences when friends or partners fail to keep their promises, the inability to be compensated for those losses is characteristic of non-binding arrangements within personal relationships.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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