Man files lawsuit against his girlfriend for failure to attend airport departure
New Zealand Woman's Airport Drop-Off Dispute Dismissed by Disputes Tribunal
In a recent case, a young woman from New Zealand took her former boyfriend to the Disputes Tribunal over a missed airport drop-off. The man failed to show up for the tribunal hearing and did not respond to a follow-up call from the tribunal referee, Krysia Cowie.
The woman claimed a verbal contract was made that her partner would take her to the airport and look after her dogs. However, the Disputes Tribunal dismissed her claim, stating that there was no indication that the woman's boyfriend intended to be bound by his promises.
According to Cowie, the promises were exchanged as a normal give and take in an intimate relationship. She argued that verbal agreements in intimate relationships are generally not legally enforceable in New Zealand as contracts unless they meet specific contract law requirements.
For an agreement to be legally binding and enforceable, it must include key elements: offer and acceptance, consideration (something of value exchanged), intention to create legal relations, and certainty of terms. Intention to create legal relations is often a crucial factor that courts consider. In intimate or domestic relationships, parties are usually presumed not to intend their agreements to be legally binding contracts.
Proving the terms and existence of a verbal agreement is difficult without evidence. Additionally, certain categories, such as contracts involving property or guarantees, must be in writing to be enforceable, but this mostly concerns commercial or legal transactions rather than informal personal relationships.
The woman incurred additional costs due to the missed flight, including adding another travel day, organizing a shuttle, and kenneling her dogs. She also argued that she should be reimbursed for the cost of ferry tickets for a separate holiday with her boyfriend to visit her sons. However, it is unlikely she can be compensated for those losses.
The incident and subsequent legal dispute led to the couple's separation, according to The Guardian. The woman's case serves as a reminder that verbal agreements between intimates are usually not legally enforceable in New Zealand, unless clear evidence shows otherwise. This aligns with common principles in New Zealand and comparative common law jurisdictions, which distinguish between social/domestic agreements (non-binding) and commercial/legal contracts (binding if elements are met).
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