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Case Briefs

Scivoletto v De Dona

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FactsEdit

Scivoletto financed the passage of Gina Benincasa from Italy to Edmonton as a prospective bride for his son Salvatore. Salvatore, after a time, having decided he was no longer interested, departed temporarily from the family home. In the meantime a visitor at the Scivoletto home, Silvio De Dona proposed. Scivoletto felt he was within his rights to return Ms. Benincasa to Italy and had De Dona sign an agreement to pay him back the $500 he had spent to bring Ms. Benincasa to Edmonton. After the wedding, the defendant refused to pay and Scivoletto sued.

IssueEdit

  1. Has there been sufficient consideration for a binding contract?

DecisionEdit

Judgment for the plaintiff for $500.

ReasonsEdit

The court found that while Scivoletto was not objectively able to send Ms. Benincasa back to Italy according to immigration authorities, both parties had a bona fide belief that this was the case. Consideration, therefore, was given by not sending Ms. Benincasa back to Italy and as a result a binding contract was formed.

RatioEdit

  • Forebearance is a valid form of consideration.
  • There doesn’t have to be forebearance of an actual legal right but of a subjective legal right.

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