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A breach of contract occurs whenever a party who entered a contract fails to perform their promised obligations.
Current with legislation from the 2023 Regular and Special Sessions effective as of October 3, 2023. Section 42-110b - Unfair trade practices prohibited. Legislative intent (a) No person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.
The Connecticut Unfair Trade Practices Act (CUTPA) prohibits unfair competition and unfair and deceptive acts. Initially adopted in 1973, CUTPA has been modified by the state legislature. The Department of Consumer Protection (DCP) has jurisdiction over CUPTA, but it is most commonly used as a private right of action.
These types of lawsuits are common in business litigation. There are four elements of a breach of contract claim: a valid contract, performance, breach, and damages.
The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
Under Connecticut law, the elements of a breach of contract action are (1) formation of an agreement, (2) performance by one party, (3) breach of the agreement by the opposing party, and (4) damages.
In most cases they will simply have to show that the other party was aware of the existence of the standard terms and conditions. Such evidence typically consists of correspondence referring to the standard terms and conditions or reference to them on order forms.
Connecticut Unfair Trade Practices Act (CUTPA) Sec. 42-110a et seq. cited; medical malpractice claims recast as CUTPA claims cannot form basis for a CUTPA violation.