CHAPTER 735a*
UNFAIR TRADE PRACTICES

      *Ascertainable loss requirement is a threshold barrier which limits the class of persons who may bring a CUTPA action seeking either actual damages or equitable relief. 99 CA 175.

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Sec. 42-110b. Unfair trade practices prohibited. Legislative intent.
Sec. 42-110g. Action for damages. Class actions. Costs and fees. Equitable relief. Jury trial.

      Sec. 42-110b. Unfair trade practices prohibited. Legislative intent.

      With respect to CUTPA, clear and convincing evidence is not the appropriate standard of proof whenever claims of tortious conduct require proof of willful, wrongful or unlawful acts; ordinary preponderance of the evidence standard is appropriate. 99 CA 719.

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      Sec. 42-110g. Action for damages. Class actions. Costs and fees. Equitable relief. Jury trial.

      Party must establish that the conduct constitutes an unfair or deceptive trade practice and must present evidence providing court with a basis for a reasonable estimate of damages suffered. Once violation of CUTPA has been established, evidence that defendant has acted with reckless indifference to plaintiff's rights or has committed intentional and wanton violation of those rights ia a necessary prerequisite to award of punitive damages. 99 CA 719. With respect to CUTPA, clear and convincing evidence is not appropriate standard of proof whenever claims of tortious conduct require proof of willful, wrongful or unlawful acts; ordinary preponderance of the evidence standard is appropriate. Id.

      Subsec. (a):

      Defendant's attempted takeover of plaintiff, defendant's employer, was not unethical or in violation of CUTSA and did not constitute violation of CUTPA entitling plaintiff to punitive damages. 282 C. 209.

      Subsec. allows recovery only when party seeking to recover damages both establishes that conduct at issue constitutes unfair or deceptive trade practice and presents evidence providing court with a basis for reasonable estimate of damages suffered. 99 CA 645.

      Subsec. (f):

      In action to recover damages caused by fire, plaintiffs' claims asserting violation of CUTPA were not time barred by applicable statute of limitations in light of defendant's continuous failure to do what was necessary to install a sprinkler system, obtain a permanent certificate of occupancy and correct construction deficiencies so as to comply with applicable codes, all of which tolled the time limitations of this subsec. 50 CS 28.


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