Voccola v. Forte

9 Citing cases

  1. W. Davisville Realty Co. v. Alpha Nutrition, Inc.

    182 A.3d 46 (R.I. 2018)   Cited 4 times

    "[A] valid contract requires competent parties, subject matter, a legal consideration , mutuality of agreement, and mutuality of obligation." Andoscia v. Town of North Smithfield , 159 A.3d 79, 82 (R.I. 2017) (quoting Voccola v. Forte , 139 A.3d 404, 414 (R.I. 2016) ). "With respect to the requirement of consideration specifically, we have stated that consideration 'consists of some legal right acquired by the promisor in consideration of his promise, or forborne by the promisee in consideration of such promise.' " Voccola , 139 A.3d at 414 (quoting DeLuca v. City of Cranston , 22 A.3d 382, 384 (R.I. 2011) (mem.)

  2. Silva v. Laverty

    203 A.3d 473 (R.I. 2019)   Cited 2 times

    When a trial justice sits without a jury, his factual findings "are accorded great weight and will not be disturbed unless the record shows that the findings clearly are wrong or the trial justice overlooked or misconceived material evidence." Voccola v. Forte , 139 A.3d 404, 412 (R.I. 2016) (emphasis in original) (internal quotation marks omitted); see alsoD'Ellena v. Town of East Greenwich , 21 A.3d 389, 391 (R.I. 2011) ; see generallyCappuccilli v. Carcieri , 174 A.3d 722, 731-32 (R.I. 2017). If, during the course of this Court's review of the record, "it becomes clear to us that the record indicates that competent evidence supports the trial justice's findings, we shall not substitute our view of the evidence for [that of the trial justice] even though a contrary conclusion could have been reached."

  3. Britto v. St. Joseph Health Servs. of R.I.

    C.A. No. 17-234 WES (D.R.I. Apr. 23, 2018)   Cited 1 times
    In Britto, unlike here, the parties engaged in limited discovery on the issue of arbitration prior to the Court's decision on the motion to compel.

    In Rhode Island, a valid contract requires "competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation." Voccola v. Forte, 139 A.3d 404, 414 (R.I. 2016) (quoting DeLuca v. City of Cranston, 22 A.3d 382, 384 (R.I. 2011) (mem.)). Rhode Island uses the "bargained-for exchange test" for evaluating consideration, which "consists of 'some legal right acquired by the promisor in consideration of his promise, or forborne by the promisee in consideration of such promise.'"

  4. Conduragis v. Prospect Chartercare, LLC

    C.A. No. 17-272-JJM-PAS (D.R.I. Nov. 29, 2017)   Cited 2 times

    In Rhode Island, "a valid contract requires 'competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation.'" Voccola v. Forte, 139 A.3d 404, 414 (R.I. 2016) (quoting DeLuca v. City of Cranston, 22 A.3d 382, 384 (R.I. 2011)). Legal consideration "consists of some legal right acquired by the promisor in consideration of his promise, or forborne by the promisee in consideration of such promise."

  5. In re Lamontagne

    228 A.3d 631 (R.I. 2020)   Cited 1 times

    However, while acknowledging that this is a close case, it is the trial justice who "has had an opportunity to appraise witness demeanor and to take into account other realities that cannot be grasped from a reading of a cold record." Silva v. Laverty , 203 A.3d 473, 481 (R.I. 2019) (quoting Voccola v. Forte , 139 A.3d 404, 413 (R.I. 2016) ). It is clear from the record that defendant, unhappy with his sentence, acted out in the presence of the court, and that his comments were specifically directed at the court and not mere sorrowful remarks at the severity of his sentence.

  6. Andoscia v. Town of N. Smithfield

    159 A.3d 79 (R.I. 2017)   Cited 8 times
    Finding that no contract existed where there was no evidence of consideration in exchange for a guaranteed term of employment

    "It is a well-established principle that a valid contract requires ‘competent parties, subject matter, a legal consideration , mutuality of agreement, and mutuality of obligation.’ " Voccola v. Forte , 139 A.3d 404, 414 (R.I. 2016) (quoting DeLuca v. City of Cranston , 22 A.3d 382, 384 (R.I. 2011) (mem.)). "[C]onsideration ‘consists of some legal right acquired by the promisor in consideration of his promise, or forborne by the promisee in consideration of such promise.’ " DeLuca , 22 A.3d at 384 (quoting DeAngelis v. DeAngelis , 923 A.2d 1274, 1279 (R.I. 2007) ). "When evaluating the sufficiency of contractual consideration, we employ ‘the bargained-for exchange test.

  7. Pichi v. Avedissian

    C. A. PC-2015-2526 (R.I. Super. Jun. 15, 2023)

    Those elements are: "'a present true donative intent' and 'some manifestation such as an actual or symbolic delivery of the subject of the gift so as to completely divest the donor of dominion and control of it.'" Vocolla v. Forte, 139 A.3d 404,417 (R.I. 2016) (internal quotations omitted). See also Silva v. Fitzpatrick, 913 A.2d 1060, 1063 (R.I. 2007).

  8. Doe v. State

    No. PC-2022-00466 (R.I. Super. Nov. 28, 2022)

    "It is a well-established principle that a valid contract requires 'competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation.'" Voccola v. Forte, 139 A.3d 404, 414 (R.I. 2016) (quoting DeLuca v. City of Cranston, 22 A.3d 382, 384 (R.I. 2011)

  9. W.H.I., Inc. v. Courter

    C.A. No. WC-2015-0463 (R.I. Super. May. 1, 2018)

    "'It is a well-established principle that a valid contract requires competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation.'" Andoscia v. Town of N. Smithfield, 159 A.3d 79, 82 (R.I. 2017) (quoting Voccola v. Forte, 139 A.3d 404, 414 (R.I. 2016)) (internal quotation marks omitted). "'[C]onsideration consists of some legal right acquired by the promisor in consideration of his [or her] promise, or forborne by the promisee in consideration of such promise.'"