Woman files a lawsuit against her partner for failing to drive her to the airport for departure
In a recent decision, the Disputes Tribunal in New Zealand dismissed a woman's claim against her former boyfriend for failing to fulfil a verbal agreement. The woman had sought reimbursement for her boyfriend's ferry ticket and compensation for additional costs incurred due to his failure to take her to the airport and look after her dogs as promised.
The verbal contract, made within the context of an intimate relationship, was found to be difficult to enforce in the Disputes Tribunal. This is because the tribunal primarily handles disputes involving goods and services or employment matters, and intimate relationship agreements usually lack the formal elements required for enforceability.
The tribunal referee, Krysia Cowie, explained that for a promise to be legally enforceable, there needs to be an act demonstrating an intention to be bound by the promise. In this case, the promises were made as a normal part of an intimate relationship and did not indicate an intention for the boyfriend to be bound by his promises.
The former boyfriend did not attend the tribunal hearing and did not answer a follow-up call from the tribunal referee. As a result, the woman's claim was dismissed.
The woman incurred additional costs for travel, airport shuttle, kennel fees, and ferry tickets due to her boyfriend's failure to show up as agreed. She missed a flight because of this, adding to her financial burden. The couple has since parted ways.
It is important to note that promises made in everyday family and domestic relationships are not enforceable in the Disputes Tribunal. Courts maintain that a financial loss due to a friend's broken promise is non-recoverable unless the promise goes beyond being a favour and becomes a promise intended to be bound.
In such disputes, obtaining legal advice or considering mediation or formal legal proceedings may be more effective for resolution. Written agreements and formal mediation or court processes are more suitable for resolving disputes with clearer evidence and enforceability.
[1] Contract Law (New Zealand) [2] New Zealand Legislation [3] Disputes Tribunal (New Zealand) [4] Family Law (New Zealand) [5] Mediation Services (New Zealand)
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