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5.2-8  CUTPA - Breach of Contract

Revised to January 1, 2008

The plaintiff claims that the defendant breached a contract by <specify details> and that this breach violated CUTPA.  A simple breach of contract does not violate CUTPA unless the breach was an unfair trade practice or deceptive act or practice as defined in these instructions.  Under certain circumstances, parties may breach contracts without offending traditional notions of fairness.  However, under other circumstances, a breach of contract may be so unfair or offensive as to constitute a violation of CUTPA.  The plaintiff must prove that the contract was breached and that the breach meets the requirements for unfair trade practices or deceptive acts or practices as defined in these instructions.

Authority

Hudson United Bank v. Cinnamon Ridge Corp., 81 Conn. App. 557, 569-71 (2004); Paulus v. LaSala, 56 Conn. App. 139, 153 (1999); Lester v. Resort Camplands International, Inc., 27 Conn. App. 59, 71-73 (1992); Greene v. Orsini, 50 Conn. Sup. 312, 314-316 (2007); Harold Cohen & Co., Inc. v. Harco International, LLC, Superior Court, judicial district of Middlesex, Docket No. CV 99 0089169 (May 2, 2001); Enviro Express, Inc.  v. Bridgeport Resco Co., Superior Court, judicial district of Fairfield, Docket No. CV 00 0374626 (February 15,  2001); Groglio v. Elrac, Inc., Superior Court, judicial district of Stamford-Norwalk at Stamford, Docket No. CV  97 0160928 (January 19, 1999); Production Equipment Co. v. Blakeslee Arpaia Chapman, Inc., Superior Court, judicial district of New Haven at Meriden, Docket No. CV 94 0247485 (January 3, 1996) (15 Conn. L. Rptr. 558).