Conn. Gen. Stat. § 42a-9-611 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-611
Sec. 42a-9-611. Notification before disposition of collateral.
Status: in_force

(1) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or

(2) The debtor and any secondary obligor waive the right to notification.

(b) Except as otherwise provided in subsection (d), a secured party that disposes of collateral under section 42a-9-610 shall send to the persons specified in subsection (c) a reasonable authenticated notification of disposition.

(c) To comply with subsection (b), the secured party shall send an authenticated notification of disposition to:

(1) The debtor;

(2) Any secondary obligor; and

(3) If the collateral is other than consumer goods:

(A) Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral;

(B) Any other secured party or lienholder that, ten days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:

(i) Identified the collateral;

(ii) Was indexed under the debtor's name as of that date; and

(iii) Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and

(C) Any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation or treaty described in subsection (a) of section 42a-9-311 .

(d) Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.

(e) A secured party complies with the requirement for notification prescribed by subparagraph (B) of subdivision (3) of subsection (c) of this section if:

(1) Not later than twenty days or earlier than thirty days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subparagraph (B) of subdivision (3) of subsection (c) of this section; and

(2) Before the notification date, the secured party:

(A) Did not receive a response to the request for information; or

(B) Received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.

Annotations to former section 42a-9-504(3):

Cited. 207 C. 15; 209 C. 163; 216 C. 458.

Cited. 18 CA 265; 24 CA 455.

Cited. 34 CS 632; 38 CS 455; 40 CS 475.
Conn. Gen. Stat. § 42-133z — Connecticut Code / Title 42 / Chapter 739 / Section 42-133z
Sec. 42-133z. Refusal to honor succession by family member. Notice.
Status: in_force

(b) The notice must state the specific grounds for the refusal to honor the succession.

(c) If notice of refusal and discontinuance is not timely served upon the family member, the franchise shall continue.
Conn. Gen. Stat. § 42a-5-118 — Connecticut Code / Title 42a / Chapter 5 / Section 42a-5-118
Sec. 42a-5-118. Security interest of issuer or nominated person.
Status: in_force

(b) So long as and to the extent that an issuer or nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection (a), the security interest continues and is subject to article 9, but:

(1) A security agreement is not necessary to make the security interest enforceable under section 42a-9-203 (b)(3);

(2) If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and

(3) If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument or a letter of credit, the security interest is perfected and has priority over a conflicting security interest in the document so long as the debtor does not have possession of the document.
Conn. Gen. Stat. § 42-248 — Connecticut Code / Title 42 / Chapter 743i / Section 42-248
Sec. 42-248. Limit on total rental payments. Lessee to acquire ownership when fifty per cent of all rental payments made by lessee equals cash price of rented property. Termination of agreement.
Status: in_force

(b) When fifty per cent of all rental payments made by a lessee equals the cash price of the property disclosed to the lessee in the rent-to-own agreement, the lessee shall own the rented property and the rent-to-own agreement shall terminate.
Conn. Gen. Stat. § 42-330 — Connecticut Code / Title 42 / Chapter 743q / Section 42-330
Sec. 42-330. Definitions.
Status: in_force

(1) “Assistive technology device” means any device sold, leased or transferred in this state or to a consumer in this state on or after January 1, 1998, that is used or designed to be used to enable or enhance the ability of a person with a disability to communicate, see, hear or achieve mobility, including, but not limited to, (A) manual or motor-driven wheelchairs and other assistive devices that enhance a mobility impaired person's ability to achieve mobility, including seating and positioning aids, (B) telephone communication devices for persons who are hard of hearing and other assistive listening devices that enhance the ability of a person who is hard of hearing to hear or communicate, but not including hearing aids, (C) voice synthesized computer modules, optical scanners, talking software, braille printers and other assistive devices that enhance a sight impaired person's ability to see or communicate, (D) computer equipment with voice output, artificial larynges, voice amplification devices and other alternative and augmentative communication devices, (E) any system of such devices that, as a whole, is itself such a device, (F) any component product of such devices that is itself ordinarily such a device, and (G) any such device used primarily by a dealer, lessor or manufacturer for the purpose of demonstration to the public or to prospective purchasers or lessees. “Assistive technology device” does not include batteries used in or nonessential accessories to any such devices.

(2) “Collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity in an assistive technology device, including, but not limited to, the cost of an alternative assistive technology device.

(3) “Consumer” means any person (A) who purchases an assistive technology device from a dealer or manufacturer for purposes other than for resale, (B) to whom an assistive technology device is transferred if such transfer occurs before the expiration of an express warranty applicable to such assistive technology device, (C) who may enforce an express warranty applicable to an assistive technology device, or (D) who leases an assistive technology device from a lessor under a written lease.

(4) “Dealer” means any person engaged in the business of selling assistive technology devices to consumers.

(5) “Early termination cost” means an expense or obligation that a lessor incurs as a result of both the termination of a written lease for an assistive technology device before the expiration of the lease term and the return of an assistive technology device to a manufacturer under subsection (b) of section 42-331 , including any penalty for prepayment required under any financing arrangement.

(6) “Early termination savings” means an expense or obligation that a lessor avoids as a result of both the termination of a written lease for an assistive technology device before the expiration of the lease term and the return of an assistive technology device to a manufacturer under subsection (b) of section 42-331 , including any interest charge that the lessor would have paid to finance the assistive technology device or, if not so financed by the lessor, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of the consumer's remaining obligation under the lease as of the date of the early termination.

(7) “Express warranty” means an express warranty under section 42a-2-313 that is applicable to an assistive technology device.

(8) “Lessor” means any person who leases an assistive technology device to consumers or who possesses a lessor's rights under a written lease for an assistive technology device.

(9) “Manufacturer” means any person who manufactures or assembles assistive technology devices, and any agent of such person, including importers, distributors, factory branches, distributor branches and warrantors of such person's assistive technology devices, but does not include a dealer, a lessor or any person whose activity consists solely of referring consumers to a dealer, a lessor or any person described in this subdivision.

(10) “Nonconformity” means a condition, malfunction or defect that substantially impairs the use, value or safety of an assistive technology device or that is covered by an express warranty applicable to an assistive technology device, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the assistive technology device.
Conn. Gen. Stat. § 42a-2A-202 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-202
Sec. 42a-2A-202. Parol or extrinsic evidence.
Status: in_force

(1) Consistent additional terms, unless the court finds that the record was intended as a complete and exclusive statement of the terms of the agreement; and

(2) Course of performance, course of dealing or usage of trade.

(b) Terms in a record may be explained by evidence of course of performance, course of dealing or usage of trade without a preliminary determination by the court that the language used is ambiguous. Terms in a record may also be explained from other sources as determined by the court under applicable law.
Conn. Gen. Stat. § 42-203 — Connecticut Code / Title 42 / Chapter 743c / Section 42-203
Sec. 42-203. Disposition of funds held in escrow.
Status: in_force

(b) The provisions of this section shall not apply to a funeral service contract funded through an assignment of a death benefit payable under an individual or group life insurance policy.
Conn. Gen. Stat. § 42a-2-706 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-706
Sec. 42a-2-706. Seller's resale including contract for resale.
Status: in_force

(2) Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one or more contracts to sell or of identification to an existing contract of the seller. Sale may be as a unit or in parcels and at any time and place and on any terms but every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable. The resale must be reasonably identified as referring to the broken contract, but it is not necessary that the goods be in existence or that any or all of them have been identified to the contract before the breach.

(3) Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.

(4) Where the resale is at public sale (a) only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; and (b) it must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice of the time and place of the resale; and (c) if the goods are not to be within the view of those attending the sale the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders; and (d) the seller may buy.

(5) A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one or more of the requirements of this section.

(6) The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller, as defined by section 42a-2-707 , or a buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of his security interest, as defined by subsection (3) of section 42a-2-711 .
Conn. Gen. Stat. § 42a-4A-504 — Connecticut Code / Title 42a / Chapter 4A / Section 42a-4A-504
Sec. 42a-4A-504. Order in which items and payment orders may be charged to account; order of withdrawals from account.
Status: in_force

(b) In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied.
Conn. Gen. Stat. § 42-518 — Connecticut Code / Title 42 / Chapter 743jj / Section 42-518
Sec. 42-518. Consumers' rights. Compliance by Controllers. Appeals.
Status: in_force

(b) A consumer may exercise rights under this section by a secure and reliable means established by the controller and described to the consumer in the controller's privacy notice. A consumer may designate an authorized agent in accordance with section 42-519 to exercise the rights of such consumer to opt out of the processing of such consumer's personal data for purposes of subdivision (5) of subsection (a) of this section on behalf of the consumer. In the case of processing personal data of a known child, the parent or legal guardian may exercise such consumer rights on the child's behalf. In the case of processing personal data concerning a consumer subject to a guardianship, conservatorship or other protective arrangement, the guardian or the conservator of the consumer may exercise such rights on the consumer's behalf.

(c) Except as otherwise provided in sections 42-515 to 42-525 , inclusive, a controller shall comply with a request by a consumer to exercise the consumer rights authorized pursuant to said sections as follows:

(1) A controller shall respond to the consumer without undue delay, but not later than forty-five days after receipt of the request. The controller may extend the response period by forty-five additional days when reasonably necessary, considering the complexity and number of the consumer's requests, provided the controller informs the consumer of any such extension within the initial forty-five-day response period and of the reason for the extension.

(2) If a controller declines to take action regarding the consumer's request, the controller shall inform the consumer without undue delay, but not later than forty-five days after receipt of the request, of the justification for declining to take action and instructions for how to appeal the decision.

(3) Information provided in response to a consumer request shall be provided by a controller, free of charge, once per consumer during any twelve-month period. If requests from a consumer are manifestly unfounded, excessive or repetitive, the controller may charge the consumer a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request. The controller bears the burden of demonstrating the manifestly unfounded, excessive or repetitive nature of the request.

(4) If a controller is unable to authenticate a request to exercise any of the rights afforded under subdivisions (1) to (4), inclusive, of subsection (a) of this section using commercially reasonable efforts, the controller shall not be required to comply with a request to initiate an action pursuant to this section and shall provide notice to the consumer that the controller is unable to authenticate the request to exercise such right or rights until such consumer provides additional information reasonably necessary to authenticate such consumer and such consumer's request to exercise such right or rights. A controller shall not be required to authenticate an opt-out request, but a controller may deny an opt-out request if the controller has a good faith, reasonable and documented belief that such request is fraudulent. If a controller denies an opt-out request because the controller believes such request is fraudulent, the controller shall send a notice to the person who made such request disclosing that such controller believes such request is fraudulent, why such controller believes such request is fraudulent and that such controller shall not comply with such request.

(5) A controller that has obtained personal data about a consumer from a source other than the consumer shall be deemed in compliance with a consumer's request to delete such data pursuant to subdivision (3) of subsection (a) of this section by (A) retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring the consumer's personal data remains deleted from the controller's records and not using such retained data for any other purpose pursuant to the provisions of sections 42-515 to 42-525 , inclusive, or (B) opting the consumer out of the processing of such personal data for any purpose except for those exempted pursuant to the provisions of sections 42-515 to 42-525 , inclusive.

(d) A controller shall establish a process for a consumer to appeal the controller's refusal to take action on a request within a reasonable period of time after the consumer's receipt of the decision. The appeal process shall be conspicuously available and similar to the process for submitting requests to initiate action pursuant to this section. Not later than sixty days after receipt of an appeal, a controller shall inform the consumer in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, the controller shall also provide the consumer with an online mechanism, if available, or other method through which the consumer may contact the Attorney General to submit a complaint.
Conn. Gen. Stat. § 42-110g — Connecticut Code / Title 42 / Chapter 735a / Section 42-110g
Sec. 42-110g. Action for damages. Class actions. Costs and fees. Equitable relief. Jury trial.
Status: in_force

(b) Persons entitled to bring an action under subsection (a) of this section may, pursuant to rules established by the judges of the Superior Court, bring a class action on behalf of themselves and other persons similarly situated who are residents of this state or injured in this state to recover damages.

(c) Upon commencement of any action brought under subsection (a) of this section, the plaintiff shall mail a copy of the complaint to the Attorney General and the Commissioner of Consumer Protection and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General and the Commissioner of Consumer Protection.

(d) In any action brought by a person under this section, the court may award, to the plaintiff, in addition to the relief provided in this section, costs and reasonable attorneys' fees based on the work reasonably performed by an attorney and not on the amount of recovery. In a class action in which there is no monetary recovery, but other relief is granted on behalf of a class, the court may award, to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorneys' fees. In any action brought under this section, the court may, in its discretion, order, in addition to damages or in lieu of damages, injunctive or other equitable relief.

(e) Any final order issued by the Department of Consumer Protection and any permanent injunction, final judgment or final order of the court made under section 42-110d , 42-110m , 42-110o or 42-110p shall be prima facie evidence in an action brought under this section that the respondent or defendant used or employed a method, act or practice prohibited by section 42-110b , provided this section shall not apply to consent orders or judgments entered before any testimony has been taken.

(f) An action under this section may not be brought more than three years after the occurrence of a violation of this chapter.

(g) In any action brought by a person under this section there shall be a right to a jury trial except with respect to the award of punitive damages under subsection (a) of this section or the award of costs, reasonable attorneys' fees and injunctive or other equitable relief under subsection (d) of this section.

Cited. 186 C. 507; 190 C. 528. Plaintiffs have burden of proving actual damages. 191 C. 484. Cited. 192 C. 558; 200 C. 172; 203 C. 342; Id., 475; Id., 616; 204 C. 17; 209 C. 579; 219 C. 644; 221 C. 674; 223 C. 80; 224 C. 231; 225 C. 705; 228 C. 574; 229 C. 842; 230 C. 148; Id., 486; 232 C. 480; Id., 527; 235 C. 1; 238 C. 216; Id., 293; 241 C. 278; Id., 630. Section permits recovery of actual damages, attorney's fees and punitive damages for violations of CUTPA. 245 C. 1. Pursuant to Connecticut Practice Book, unresolved issue of attorney's fees does not prevent a judgment on the merits from being final and immediately appealable. Id., 495. Professional malpractice does not give rise to a cause of action under CUTPA. 247 C. 48. Section can be reasonably reconciled with provisions of Sec. 52-212a. 249 C. 94. Plaintiff who purchased computer with preinstalled software from a retailer cannot recover from software manufacturer because plaintiff's claimed injuries are too indirect and remote from the manufacturer's allegedly anticompetitive conduct. 260 C. 59. The predominance requirement was satisfied and the trial court did not abuse its discretion in granting motion for class certification. 287 C. 208. Mobile home owners' association not required to exhaust administrative remedies prior to seeking judicial relief. 310 C. 797. Consumer protection statutes such as CUTPA are a long established mechanism for regulating the marketing and advertising schemes of firearms vendors and as such qualifies as a predicate statute exception to the Protection of Lawful Commerce in Arms Act, 15 USC 7901 to 7903, inclusive. 331 C. 53.

Cited. 4 CA 137; 13 CA 230; 15 CA 150; 23 CA 227; Id., 585; 24 CA 124; judgment reversed, see 221 C. 674; 31 CA 634. Trial court lacked power to award prejudgment interest on punitive damages. 32 CA 133. Cited. 39 CA 32; 41 CA 437; 42 CA 124; Id., 599; Id., 712. A party must establish that the conduct constitutes an unfair or deceptive trade practice and must present evidence providing court with basis for a reasonable estimate of the damages suffered; once a violation of CUTPA has been established, evidence that defendant has acted with reckless indifference to plaintiff's rights or has committed an intentional and wanton violation of those rights is a necessary prerequisite to award of punitive damages; such an award is discretionary and the exercise of such discretion will not ordinarily be interfered with on appeal unless the abuse is manifest or injustice appears to have been done; 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; the ordinary preponderance of the evidence standard is appropriate. 99 CA 719. Court did not abuse its discretion in awarding attorney's fees under CUTPA, including fees for work done on post-trial motions. 121 CA 105. By not objecting to plaintiff's submission of a statement of attorney's fees or the content of that statement, defendant acquiesced in that request and will not be heard to complain about that request on appeal. 130 CA 286. Trial court abused its discretion where it drastically reduced from any conceivable lodestar amount, calculated by multiplying number of hours reasonably expended on litigation times a reasonable hourly rate, award of attorney's fees by 95 per cent, absent any evidence that attorney's fees were unreasonable. 141 CA 299.

Cited. 35 CS 1; 36 CS 183; 39 CS 107; 40 CS 560; 41 CS 130; Id., 484; 42 CS 198; Id., 514; 44 CS 569. In exercising its discretion under CUTPA, a court may include as part of attorney fee award those expenses that are associated with non-CUTPA or unsuccessful claims when all of those claims are related, meaning that they are premised on essentially the same transactions or their facts are inextricably connected or intertwined. 52 CS 363; judgment affirmed, see 137 CA 578.

Subsec. (a):

Subsec. does not require plaintiff to provide a specific amount of actual damages in order to make out a prima facie case of a CUTPA violation; to satisfy “ascertainable loss” requirement, plaintiff need prove only that he has purchased an item partially as a result of an unfair or deceptive practice or act and that the item is different from that for which he bargained. 184 C. 607. Cited. 192 C. 591; Id., 747; 193 C. 208; 228 C. 42; 229 C. 213; Id., 479; 232 C. 666; 238 C. 183; 240 C. 300; 243 C. 1; Id., 17. Defendant's attempted takeover of plaintiff, defendant's employer, was not unethical or in violation of Uniform Trade Secrets Act and did not constitute a violation of CUTPA entitling plaintiff to punitive damages. 282 C. 209. Itemization of loss not required but some evidence of ascertainable loss, via affidavits or other documentary evidence, is necessary to survive summary judgment. 308 C. 706. Subsec. imposes no specific limit on ratio of punitive damages to compensatory damages; nontaxable costs may be awarded as punitive damages under Subsec. 310 C. 375. CUTPA permits recovery for personal injuries that result directly from wrongful advertising practices. 331 C. 53. Statute plainly and unambiguously authorizes anyone who has suffered an ascertainable financial loss as a result of an unfair trade practice to bring a CUTPA action and right afforded by section is not limited to only persons who have done business of some sort with a defendant, but common-law principles of remoteness and proximate causation do apply to determine whether a party has standing to bring an action under section. Id.

Cited. 25 CA 56; 33 CA 575. Award of punitive damages in an amount equal to actual damages is not an abuse of discretion. 35 CA 455. Cited. 43 CA 113; Id., 756. Two threshold requirements for a party seeking to recover damages under CUTPA. 51 CA 292. Single act of misconduct is sufficient to support CUTPA claim; proof of an ascertainable loss does not require quantification of the loss that claimant has suffered. 72 CA 342. Subsec. allows recovery only when the party seeking to recover damages establishes that conduct at issue constitutes an unfair or deceptive trade practice and presents evidence providing court with basis for reasonable estimate of the damages suffered. 99 CA 645. The statements of a party during litigation and a disagreement over the terms of a note do not cause the type of ascertainable loss required by CUTPA. 131 CA 223. CUTPA does not require plaintiff to prove that the ascertainable loss was incurred in this state when plaintiff alleges injury caused by unfair trade practices committed by defendants in this state. Id., 443. Trial court properly concluded that plaintiff suffered ascertainable loss of money because defendant's offer to apply plaintiff's deposit as store credit did not make plaintiff's money freely available to plaintiff. 174 CA 649. The ascertainable loss requirement is a threshold barrier which limits the class of persons who may bring a CUPTA action seeking either actual damages or equitable relief, thus, punitive damages and attorney's fees, which are potential remedies available to a plaintiff once he meets this threshold barrier and prevails on his CUPTA claim, cannot be the basis of demonstrating ascertainable loss; plaintiff's claim of emotional distress does not constitute an ascertainable loss of money or property for purposes of CUPTA. 188 CA 153.

Cited. 40 CS 336; 43 CS 431.

Subsec. (d):

Cited. 202 C. 106; 208 C. 515; 216 C. 200; 219 C. 644; 222 C. 211; 240 C. 654. Legislature did not intend to limit punitive damages under Subsec. to expenses of bringing action, including attorney's fees, less taxable costs. 310 C. 375. Use of “may award” in Subsec. is ambiguous when read in context with the phrase “may, in its discretion, award” in Subsec. (a); Subsec. does not contain a presumption in favor of attorney's fees; use of the test for awarding punitive damages- intentional, wanton, malicious, or evil conduct- as the test for awarding attorney's fees is improper as it is too demanding and undermines the legislative intent because it neither enhances the private CUPTA remedy nor encourages private CUPTA litigation. 337 C. 589.

Court rather than jury determines an award of attorneys' fees. 10 CA 22. Cited. Id., 527. Attorneys representing plaintiff class on whose behalf “relief is granted” may, in court's discretion, recover attorneys' fees and costs. 17 CA 421. Cited. 24 CA 514; 41 CA 754. Trial court's award of attorney's fees under CUTPA was improper where award was made without affording parties the opportunity to present evidence and to be heard on issue of reasonable attorney's fees. 49 CA 751. Awarding of attorney's fees under Subsec. discussed. 57 CA 189. Award of attorney's fees pursuant to Subsec. encompasses claims related to prosecution of a CUTPA claim, not only one claim explicitly labeled as a CUTPA claim. 93 CA 727. The award of attorney's fees under CUTPA to defendant was proper because, although section only permits awards to plaintiff, defendant prevailed on his counterclaim and was therefore a counterclaim plaintiff for purposes of section. 112 CA 837.

Cited. 43 CS 91.

Subsec. (f):

Cited. 202 C. 234. Section has no alternative provision for suit within certain time following discovery of violation. 207 C. 204. Calculation of statute of limitations period. 245 C. 1. Statute of limitations set forth in Sec. 52-577d does not apply to plaintiff's CUTPA claim because this section and Sec. 52-577d apply to separate and distinct claims. 323 C. 303.

Cited. 27 CA 59; 33 CA 702. 3-year limitation is jurisdictional. 50 CA 688. Applies to all claims brought under CUTPA without regard to nature of the underlying unfair trade practice that has been alleged. 94 CA 593.

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 Subsec. 50 CS 28.
Conn. Gen. Stat. § 42a-9-707 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-707
Sec. 42a-9-707. Amendment of pre-effective-date financing statement.
Status: in_force

(b) After October 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in part 3 of this article. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.

(c) Except as otherwise provided in subsection (d), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after October 1, 2001, only if:

(1) The pre-effective-date financing statement and an amendment are filed in the office specified in section 42a-9-501 ;

(2) An amendment is filed in the office specified in section 42a-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies subsection (c) of section 42a-9-706 ; or

(3) An initial financing statement that provides the information as amended and satisfies subsection (c) of section 42a-9-706 is filed in the office specified in section 42a-9-501 .

(d) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under subsections (d) and (f) of section 42a-9-705 or section 42a-9-706 .

(e) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after October 1, 2001, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies subsection (c) of section 42a-9-706 has been filed in the office specified by the law of the jurisdiction governing perfection as provided in part 3 of this article as the office in which to file a financing statement.
Conn. Gen. Stat. § 42a-9-608 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-608
Sec. 42a-9-608. Application of proceeds of collection or enforcement. Liability for deficiency and right to surplus.
Status: in_force

(1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under section 42a-9-607 in the following order to:

(A) The reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party;

(B) The satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and

(C) The satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed.

(2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder's demand under subparagraph (C) of subdivision (1) of this subsection.

(3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under section 42a-9-607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.

(4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.

(b) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.
Conn. Gen. Stat. § 42a-9-804 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-804
Sec. 42a-9-804. Security interest unperfected before July 1, 2013.
Status: repealed

(1) Without further action, on July 1, 2013, if the applicable requirements for perfection under this article, as amended by public act 11-108*, are satisfied before or at that time; or

(2) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.

*Note: Public act 11-108 is entitled “An Act Concerning Amendments to Article 9 of the Uniform Commercial Code Concerning Secured Transactions”. (See Reference Table captioned “Public Acts of 2011” in Volume 16 which lists the sections amended, created or repealed by the act.)
Conn. Gen. Stat. § 42a-4A-209 — Connecticut Code / Title 42a / Chapter 4A / Section 42a-4A-209
Sec. 42a-4A-209. Acceptance of payment order.
Status: in_force

(b) Subject to subsections (c) and (d), a beneficiary's bank accepts a payment order at the earliest of the following times:

(1) When the bank (i) pays the beneficiary as stated in subsection (a) or (b) of section 42a-4A-405 , or (ii) notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the order;

(2) When the bank receives payment of the entire amount of the sender's order pursuant to subdivision (1) or (2) of subsection (a) of section 42a-4A-403 ; or

(3) The opening of the next funds-transfer business day of the bank following the payment date of the order if, at that time, the amount of the sender's order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender, unless the order was rejected before that time or is rejected within (i) one hour after that time, or (ii) one hour after the opening of the next business day of the sender following the payment date if that time is later. If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly.

(c) Acceptance of a payment order cannot occur before the order is received by the receiving bank. Acceptance does not occur under subdivision (2) or (3) of subsection (b) if the beneficiary of the payment order does not have an account with the receiving bank, the account has been closed, or the receiving bank is not permitted by law to receive credits for the beneficiary's account.

(d) A payment order issued to the originator's bank cannot be accepted until the payment date if the bank is the beneficiary's bank, or the execution date if the bank is not the beneficiary's bank. If the originator's bank executes the originator's payment order before the execution date or pays the beneficiary of the originator's payment order before the payment date and the payment order is subsequently cancelled pursuant to subsection (b) of section 42a-4A-211 , the bank may recover from the beneficiary any payment received to the extent allowed by the law governing mistake and restitution.
Conn. Gen. Stat. § 42-145 — Connecticut Code / Title 42 / Chapter 741 / Section 42-145
Sec. 42-145. Contingent consideration void.
Status: in_force

Cited. 241 C. 278.

Statute prohibits both “horizontal” and “vertical” pyramiding. 32 CS 279. Cited. 44 CS 569.
Conn. Gen. Stat. § 42-286 — Connecticut Code / Title 42 / Chapter 743m / Section 42-286
Sec. 42-286. Prohibited actions before receipt of signed contract.
Status: in_force

(b) In the event that the consumer sends payment to the telemarketer, or the telemarketer makes or submits a charge to the consumer's account, including, but not limited to, a credit card, charge card, debit card or electronic payment platform account, and the telemarketer has not received a signed contract from the consumer which complies with section 42-285 , the telemarketer shall immediately and fully refund the consumer's payment or immediately and fully credit the consumer's account.
Conn. Gen. Stat. § 42a-4-108 — Connecticut Code / Title 42a / Chapter 4 / Section 42a-4-108
Sec. 42a-4-108. Time of receipt of items.
Status: in_force

(b) An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.

See Sec. 42a-4-109 for successor provisions to Sec. 42a-4-108, revised to 1991, re delays by a bank in handling items.
Conn. Gen. Stat. § 42-103dd — Connecticut Code / Title 42 / Chapter 734b / Section 42-103dd
Sec. 42-103dd. Definitions.
Status: in_force

(1) “Accommodation” means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or any other private or commercial structure that: (A) Is affixed to real property; (B) is designed for occupancy or use by one or more individuals; and (C) is part of a time share plan.

(2) “Advertisement” means any written, oral or electronic communication directed or targeted at individuals in this state that contains a promotion, inducement or offer to sell a time share interest, including, but not limited to, brochures, pamphlets, radio or television transcripts, telephone or electronic media or direct mail. “Advertisement” does not include: (A) Any stockholder communication, including an annual report or interim financial report, proxy material, registration statement, securities prospectus, time share disclosure statement or other material required to be delivered to a prospective purchaser by a state or federal governmental entity; (B) any oral or written statement disseminated by a developer to broadcast or print media, except the following shall be considered an advertisement: (i) Paid advertising or promotional material relating to plans for acquiring or developing time share property; and (ii) the rebroadcast or other dissemination of any oral statements by a developer to a prospective purchaser or the distribution or other dissemination of written statements, including newspaper or magazine articles or press releases, by a developer to prospective purchasers; (C) the offering of a time share interest in a national publication or by electronic media that is not specifically targeted to any individual located in this state; (D) any audio, written or visual publication or material relating to the availability of any accommodations for transient rental if (i) a sales presentation is not a term or condition of the availability of the accommodations, and (ii) the failure of the transient renter to take a tour of the time share property or attend a sales presentation does not result in a reduction in the level of services or an increase in the rental price that would otherwise be available to the renter; or (E) any follow-up communication with a person relating to a promotion if the person previously received an advertisement relating to the promotion that complied with section 42-103 ll .

(3) “Amenities” means all recreational facilities made available to purchasers in a time share plan.

(4) “Assessment” means the amount assessed against or collected from a purchaser by an association or its managing entity in a fiscal year to cover expenditures, charges, reserves or liabilities related to the operation of a time share plan or time share properties managed by the same managing entity.

(5) “Association” means a council or association composed of all owners of a time share interest.

(6) “Bonus time” means a program for the nonguaranteed use of accommodations or amenities at one or more time share properties under common management that allows reservations by owners of the time share properties for unreserved accommodations or amenities during a period of not more than thirty days before the desired reservation dates.

(7) “Closing agent” means a title agent, a bonded escrow company, a financial institution whose accounts are insured by a governmental agency or instrumentality, or an attorney (A) admitted to the bar of the state in which the closing occurs, (B) who is not an employee of the developer or of an affiliated entity under common ownership and control of the developer, and (C) who is responsible for the receipt and disbursement of funds in accordance with sections 42-103cc to 42-103ddd , inclusive.

(8) “Commissioner” means the Commissioner of Consumer Protection.

(9) “Component site” means a specific geographic location where accommodations that are part of a multisite time share plan are located. Separate phases of a single time share property in a specific geographic location and under common management shall be deemed a single component site.

(10) “Conspicuous type” means: (A) (i) Type in upper and lower case letters two point sizes larger than the largest nonconspicuous type, exclusive of headings, on the page on which it appears, but not less than ten-point type, or (ii) where the use of ten-point type would be impractical or impossible with respect to a particular piece of written advertising material, a different style of type or print that is conspicuous under the circumstances; and (B) separated on all sides from other type and print.

(11) “Department” means the Department of Consumer Protection.

(12) “Developer” means: (A) Any person, excluding a sales agent, who creates a time share plan, is in the business of selling time share interests or employs a sales agent to sell time share interests; or (B) any person who succeeds in the developer's interest by sale, lease, assignment, mortgage or other transfer if such person (i) offers not less than twelve time share interests in a particular time share plan, and (ii) is in the business of selling time share interests or employs a sales agent to sell time share interests.

(13) “Dispose” or “disposition” means a voluntary transfer of any legal or equitable time share interest, but does not include the transfer or release of a real estate lien or of a security interest.

(14) “Exchange company” means any person who owns or operates an exchange program.

(15) “Exchange disclosure statement” means a written statement that includes the information required by section 42-103nn .

(16) “Exchange program” means any method, arrangement or procedure for the voluntary exchange of time share interests among purchasers or owners.

(17) “Managing entity” means the association or person responsible for operating and maintaining a time share property.

(18) “Multisite time share plan” means a plan in which a time share purchaser has:

(A) A specific time share interest, which is the right to use and occupy accommodations at a specific time share property and the right to use and occupy accommodations at one or more other component sites created by or acquired solely through the reservation system of the time share plan; or

(B) A nonspecific time share interest, which is the right to use and occupy accommodations at more than one component site created by or acquired solely through the reservation system of the time share plan but which does not include a right to use and occupy a particular accommodation.

(19) “Offering” or “offer” means any advertisement, inducement or solicitation and any attempt to encourage a person to purchase a time share interest.

(20) “Project instrument” means a time share instrument or one or more recordable documents, by whatever name denominated, applying to the whole of a time share project and containing restrictions or covenants regulating the use, occupancy or disposition of units in a project, including a declaration for a condominium, association articles of incorporation, association bylaws and rules for a condominium in which a time share plan is created.

(21) “Promotion” means any program, activity or contest, or any gift, prize or other item of value, used to induce any person to attend a time share sales presentation.

(22) “Purchaser” means any person, other than a developer, who acquires a legal or equitable interest in a time share by means of a voluntary transfer other than as a security for an obligation.

(23) “Reservation system” means the method, arrangement or procedure by which a purchaser, in order to reserve the use and occupancy of an accommodation of a multisite time share plan for one or more time share periods, is required to compete with other purchasers in the same multisite time share plan, regardless of whether the reservation system is operated and maintained by the multisite time share plan, a managing entity, exchange company or any other person. If a purchaser is required to use an exchange program as the purchaser's principal means of obtaining the right to use and occupy the accommodations and facilities of the plan, such arrangement is considered a reservation system. If the exchange company uses a mechanism to exchange time share periods among members of the exchange program, the use of the mechanism is not considered a reservation system of a multisite time share plan.

(24) “Sales agent” means a person who, directly or through the person's employees, agents or independent contractors, sells or offers to sell time share interests in a time share plan to any individual located in this state.

(25) “Single-site time share plan” means a time share plan in which a time share purchaser's right to use and occupy accommodations is limited to a single time share property. A single-site time share plan that includes bonus time or a program under which the owner of a time share interest at a specific time share property may exchange a time share period for another time share period at the same or another time share property under common management shall not transform the single-site time share plan into a multisite time share plan.

(26) “Time share disclosure statement” means a written statement that includes the information required by section 42-103mm .

(27) “Time share estate” means an arrangement under which the purchaser receives a right to occupy a time share property and a real estate interest in the time share property.

(28) “Time share interest” means a time share estate or time share use.

(29) “Time share instrument” means a master deed, master lease, declaration or any other instrument used in the creation of a time share plan.

(30) “Time share period” means the period of time within which the purchaser of a time share interest is entitled to the exclusive possession, occupancy and use of an accommodation.

(31) “Time share plan” means any arrangement, plan, scheme or similar method, excluding an exchange program but including a membership agreement, sale, lease, deed, license or right-to-use agreement, by which a purchaser, in exchange for consideration, receives an ownership right in or the right to use accommodations on a recurring basis for a period of time less than a year during a given year, but not necessarily consecutive years, regardless of whether the period of time is determined in advance.

(32) “Time share property” means: (A) One or more accommodations and any related amenities subject to the same time share instrument; and (B) any other property or property rights appurtenant to such accommodations and amenities.

(33) “Time share unit” means an accommodation of a time share plan that is divided into time share periods. Any time share unit in which a door or doors connecting two or more separate rooms are capable of being locked to create two or more private dwellings shall only constitute one time share unit for purposes of sections 42-103cc to 42-103ddd , inclusive, unless the time share instrument provides that time share interests may be separately conveyed in such locked-off portions.

(34) “Time share use” means any arrangement under which the purchaser receives a right to occupy a time share property, but under which the purchaser does not receive a real estate interest in the time share property.

(35) “Time share resale” means the sale or transfer of a time share interest that was previously sold to a purchaser.

(36) “Time share resale broker” means a person who acts for another person or entity and for a fee, commission or other valuable consideration, offers in this state to advertise, list for sale, sell, exchange, buy or rent or offers or attempts to negotiate a sale, exchange, purchase or rental of twelve or more time share resales in any twelve-month period, or who is registered as a time share resale broker pursuant to the provisions of sections 42-103cc to 42-103ddd , inclusive.
Conn. Gen. Stat. § 42-125i — Connecticut Code / Title 42 / Chapter 738a / Section 42-125i
Sec. 42-125i. Actions to enjoin violations; recover damages. Standing to bring an action. Limitation of action.
Status: in_force

(b) The Attorney General may bring an action on behalf of the state or any of its political subdivisions to recover the damages provided for by this chapter.

(c) The state of Connecticut or its political subdivisions have standing to bring an action under this chapter.

(d) Persons injured or threatened with injury by a violation of section 42-125c may bring an action in the Superior Court for damages and injunctive relief against any person who has committed the violation. If an injunction is issued, the complainant may be awarded costs and reasonable attorney's fees.

(e) No action brought to enforce the provisions of this chapter shall be brought but within four years from the date the cause of action accrues. For the purposes of this subsection, a cause of action for a continuing violation accrues at the time of the latest violation.

(f) An action brought by the Attorney General shall not preclude the bringing of an action by persons injured or threatened with injury, as provided in subsection (d) of this section.
Conn. Gen. Stat. § 42-103uu — Connecticut Code / Title 42 / Chapter 734b / Section 42-103uu
Sec. 42-103uu. Insurance.
Status: in_force

(1) Adequate casualty insurance to protect the time share property and amenities against all reasonably foreseeable perils, in such covered amounts and subject to such reasonable exclusions and reasonable deductibles as are consistent with the provisions of this section; and

(2) Adequate liability insurance to reasonably protect the time share property and amenities from occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership and maintenance of the time share property.

(b) In making the determination as to whether the insurance obtained pursuant to this section is adequate, the managing entity shall take into account the following factors, among others as may be applicable:

(1) Available insurance coverages and related premiums in the marketplace;

(2) Amounts of any related deductibles, types of exclusions and coverage limitations, provided, for purposes of this subdivision, a deductible of five per cent or less shall be deemed to be reasonable per se;

(3) The probable maximum loss relating to the insured time share property during the policy term;

(4) The extent to which a given peril is insurable under commercially reasonable terms;

(5) Amounts of any deferred maintenance or replacement reserves on hand;

(6) Geography and any special risks associated with the location of the time share property; and

(7) The age and type of construction of the time share property.

(c) Notwithstanding any provision contained in this section or in the time share instrument, insurance shall be procured and maintained by the managing entity for the time share property as a common expense of the time share plan against such perils, in such coverages and subject to such reasonable deductions or reasonable exclusions as may be required by:

(1) An institutional lender to a developer, for as long as such lender holds a mortgage encumbering any interest in or lien against a portion of the time share property; or

(2) Any holder or pledge of, or any institutional lender having a security interest in, a pool of promissory notes secured by mortgages or other security interests relating to the time share plan, executed by purchasers in connection with such purchasers' acquisition of time share interests in such time share property, or any agent, underwriter, placement agent, trustee, servicer, custodian or other portfolio manager acting on behalf of such holder, pledge or institutional lender, for so long as such notes and mortgages or other security interests remain outstanding.

(d) Notwithstanding any provision contained in the time share instrument or in sections 42-103cc to 42-103ddd , inclusive, the managing entity is authorized to apply any existing reserves for deferred maintenance and capital expenditures toward payment of insurance deductibles or the repair or replacement of the time share property after a casualty without regard to the purposes for which such reserves were originally established.

(e) A copy of each policy of insurance in effect shall be made available for reasonable inspection by purchasers and their authorized agents.
Conn. Gen. Stat. § 42a-2-707 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-707
Sec. 42a-2-707. “Person in the position of a seller”.
Status: in_force

(2) A person in the position of a seller may as provided in section 42a-2-705 withhold or stop delivery and resell as provided in section 42a-2-706 and recover incidental damages as provided in section 42a-2-710 .
Conn. Gen. Stat. § 42a-2A-404 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-404
Sec. 42a-2A-404. Subsequent lease of goods by lessor.
Status: in_force

(b) A lessor with voidable rights or voidable title acquired in a purchase of goods from a transferor has power to transfer a good leasehold interest to a good faith subsequent lessee for value. Under this subsection, voidable rights or voidable title is acquired when the goods have been delivered under a transaction of purchase even if:

(1) The transferor was deceived as to the identity of the lessor;

(2) The delivery was in exchange for a check later dishonored;

(3) It was agreed that the transaction was to be a cash sale; or

(4) The delivery was procured through fraud punishable under criminal law.

(c) A subsequent lessee in the ordinary course of business from a lessor that is a merchant dealing in goods of that kind to which the goods were entrusted by the existing lessee of such lessor before the interest of the subsequent lessee became enforceable against such lessor obtains, to the extent of the leasehold interest transferred, all rights to the goods of such lessor and the existing lessee, and takes free of the existing lease contract.

(d) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this state or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.
Conn. Gen. Stat. § 42a-9-605 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-605
Sec. 42a-9-605. Unknown debtor or secondary obligor.
Status: in_force

(1) To a person that is a debtor or obligor, unless the secured party knows:

(A) That the person is a debtor or obligor;

(B) The identity of the person; and

(C) How to communicate with the person; or

(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:

(A) That the person is a debtor; and

(B) The identity of the person.

(b) What the secured party knows is to be determined in the light of the good faith obligations of the secured party.
Conn. Gen. Stat. § 42-110b — Connecticut Code / Title 42 / Chapter 735a / Section 42-110b
Sec. 42-110b. Unfair trade practices prohibited. Legislative intent.
Status: in_force

(b) It is the intent of the legislature that in construing subsection (a) of this section, the commissioner and the courts of this state shall be guided by interpretations given by the Federal Trade Commission and the federal courts to Section 5(a)(1) of the Federal Trade Commission Act (15 USC 45(a)(1)), as from time to time amended.

(c) The commissioner may, in accordance with chapter 54, establish by regulation acts, practices or methods which shall be deemed to be unfair or deceptive in violation of subsection (a) of this section. Such regulations shall not be inconsistent with the rules, regulations and decisions of the federal trade commission and the federal courts in interpreting the provisions of the Federal Trade Commission Act.

(d) It is the intention of the legislature that this chapter be remedial and be so construed.

Cited. 177 C. 304; 184 C. 607; 186 C. 507; Id., 507; 190 C. 510; Id., 528; 191 C. 484; 192 C. 558; Id., 747; 193 C. 208; 199 C. 651; 200 C. 172; Id., 360; 202 C. 234; 203 C. 342; Id., 475; 205 C. 479; 207 C. 204; Id., 575; 208 C. 620; 213 C. 665; 214 C. 303; 215 C. 590; 216 C. 65; 217 C. 404; 219 C. 644; 221 C. 356; 223 C. 80; Id., 761; 224 C. 231; 225 C. 566; Id., 705; 226 C. 773; 229 C. 479; Id., 842; 230 C. 148; Id., 486; 231 C. 707; 232 C. 167; Id., 480; Id., 527; 236 C. 845; 238 C. 183; Id., 216; 240 C. 300; 241 C. 278; Id., 630. Plaintiff who purchased computer with preinstalled software from a retailer cannot recover from software manufacturer because plaintiff's claimed injuries are too indirect and remote from the manufacturer's allegedly anticompetitive conduct. 260 C. 59. In absence of any evidence of substantial injury to consumers or to plaintiff, the existence of exclusivity provisions between defendant newspaper and comic strip syndicators does not constitute probable cause to believe that defendant has violated CUTPA since such provisions are customary in the newspaper industry, procompetitive and presumptively legal. 261 C. 673. Record supported trial court's finding that defendants' actions did not constitute a CUTPA violation, notwithstanding their unworkmanlike construction of plaintiff's home. 295 C. 214. Contractor who is owner and president of business entity can be held individually liable for unfair and unscrupulous conduct on behalf of entity. 317 C. 565. Insurance company practice of requiring staff motor vehicle physical damage appraisers to use hourly labor rates agreed on by the insurance company and auto body shops not an unfair trade practice; Regulation of Connecticut State Agencies requiring appraisers to approach appraisal of damaged property without prejudice against or favoritism toward any party did not prohibit such insurance company practices. Id., 602. Provisions of Subsec. (b) do not compel court to adopt the substantial unjustified injury test, and until such time as the legislature chooses to enact a different standard, the cigarette rule is and will remain the operative standard for unfair trade practice claims under CUPTA. 338 C. 189.

Cited. 11 CA 289; 13 CA 194; 14 CA 425; 15 CA 101; 17 CA 421; 19 CA 379; 20 CA 625; 21 CA 185; 23 CA 137; Id., 585; 27 CA 59; Id., 810; 28 CA 491; Id., 660; Id., 760; 31 CA 443; Id., 682; 32 CA 644; 33 CA 294; Id., 575; 40 CA 23; 41 CA 19; Id., 437; 42 CA 124. Discussed re res judicata and federal litigation. 49 CA 582. Single act of misconduct is sufficient to support a CUTPA claim; federal law sets a floor, not a ceiling. 72 CA 342. 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; the ordinary preponderance of the evidence standard is appropriate. 99 CA 719. A landlord-tenant relationship can be the basis for a CUTPA claim, but there must be some nexus with a public interest, some violation of a concept of what is fair, some immoral, unethical, oppressive or unscrupulous business practice or some practice that offends public policy. 126 CA 829. Defendant's theft of plaintiff's funds constituted conversion and theft, and court properly found such act qualified as immoral, unethical, oppressive and unscrupulous and therefore constituted an unfair or deceptive act proscribed by CUTPA. 136 CA 99. Negligent misrepresentations, if accompanied by one or more sufficient aggravating factors, suffice for recovery of damages pursuant to CUTPA. 156 CA 750. Violation of section established where record evidence showed knowing and intentional filing of manifestly excessive mechanic's lien primarily for an improper purpose and defendant suffered an ascertainable loss in responding to the mechanic's lien. 157 CA 139.

Cited. 36 CS 183; 38 CS 455; 39 CS 78; 40 CS 336; 41 CS 130; Id., 484; Id., 575; 42 CS 198; 44 CS 274.

Subsec. (a):

Cited. 192 C. 124; 216 C. 200; 229 C. 213; 232 C. 559; 241 C. 24; 242 C. 236; 243 C. 17. Although purely intracorporate conflicts are not covered by CUTPA, actions outside scope of the employment relationship may be covered. Id., 355. Defendant did not engage in deceptive practice prohibited by CUTPA by intentionally failing to disclose until after fall catalogs were printed and mailed that it did not intend to provide financing for deferred billing program; since courts have held that a failure to disclose can be deceptive only if, in light of all the circumstances, there is a duty to disclose, the letter of intent, under facts of the case, did not give rise to any statutory, regulatory or contractual duty on defendant's part to repudiate timely its commitment to provide financing for deferred billing program. 274 C. 33. Hospital decisions regarding physicians' privileges do not fall within ambit of CUTPA. 296 C. 315. Economic loss doctrine does not bar a CUTPA claim arising out of a breach of contract, including breach of a contract for the sale of goods covered by the Uniform Commercial Code, when plaintiff has alleged that the breach was accompanied by intentional, reckless, unethical or unscrupulous conduct. 310 C. 375.

Cited. 13 CA 208; 22 CA 464; 23 CA 227; 26 CA 203; 27 CA 628; Id., 706; 30 CA 493; 35 CA 455; 38 CA 859; 43 CA 419; Id., 756. While existence of a duty is not a prerequisite for finding of a CUTPA violation, defendant did not violate CUTPA by declining to do that which it simply was not required to do. 64 CA 417. Failure to disclose can be deceptive only if, in light of all the circumstances, there is a duty to disclose. 78 CA 760. Representing on numerous occasions that work will be performed by one subcontractor known to perform at a certain master level while knowing that the work will be performed by a different subcontractor not of the same master level constitutes a deceptive act. 113 CA 509. A practice may be unfair because of the degree to which it meets one of the following criteria or because to a lesser extent it meets all three: (1) Whether the practice, without necessarily having been previously considered unlawful, offends public policy as it has been established by statutes, common law or otherwise; (2) whether it is immoral, unethical, oppressive or unscrupulous; or (3) whether it causes substantial injury to consumers, competitors or other businesspersons. 114 CA 262. A CUTPA violation may not be alleged for activities that are incidental to an entity's primary trade or commerce, and subject transaction was incidental to primary business and thus fell outside purview of CUTPA. 116 CA 483. Contractor's failure to obtain certificate of registration under Sec. 20-417b and not disclosing that fact to plaintiff was a CUTPA violation as a matter of law, but plaintiff failed to show that the violation resulted in an ascertainable loss. 121 CA 165. Allegations involving purely intracorporate matters fail to satisfy CUTPA's requirement that a defendant's conduct implicate trade or commerce. 123 CA 512. Defendant land owner's conduct, in inducing plaintiff land purchaser to pursue design plans and the purchase of land after the original term of their reservation agreement had expired then increasing the price of the land in contravention of that agreement, deprived plaintiff of the benefit of his bargain and was unscrupulous and unethical and thus constituted a deceptive and unfair trade practice. Id., 800. Under CUTPA, general principles of agency law are applicable to determine whether to hold a principal liable for the acts of its agent, and trial court properly imputed to defendant the acts of its attorney and real estate agent for purpose of establishing a CUTPA violation. 125 CA 678. CUTPA is inapplicable in case where sellers of real property were not primarily engaged in the business of selling real property. 132 CA 272. CUTPA is inapplicable in malpractice actions against accountants, except in cases relating to the commercial or entrepreneurial aspects of an accounting practice. 142 CA 684. Court need not pierce corporate veil or find a corporate officer committed fraud to determine officer personally violated CUTPA via direct participation in tortious conduct; although CUTPA is primarily a statutory cause of action, it is equally recognized that CUTPA claims may arise from underlying causes of action, such as contract violations or torts. 144 CA 241; judgment affirmed in part, see 317 C. 565. Defendant violated public policy behind federal Truth-in-Lending Act, 15 USC 1601 et seq., and engaged in unfair or deceptive acts or practices prohibited by CUTPA, by failing to disclose financing terms before requiring payment of substantial nonrefundable deposit. 174 CA 649. Plaintiff's complaint that attorney used false and misleading information, unethical practices and advertised that he specialized in collection of debt not enough to trigger exception to immunity for most aspects of the practice of law. 220 CA 822.

Radio station's use of approximation of its FM radio frequency, which was same number as that used by another station, does not constitute an unfair trade practice. 35 CS 1. Cited. 43 CS 431; 44 CS 569; 45 CS 11. Motion to strike complaint alleging unfair trade practice denied in case involving personal injury to tenant when he fell on ice on the outside stairs of defendant landlord's apartment house and plaintiff alleges that the ice was due to the absence of gutters. Id., 267.
Conn. Gen. Stat. § 42-397 — Connecticut Code / Title 42 / Chapter 743aa / Section 42-397
Sec. 42-397. Limitation on choice of law and venue.
Status: in_force

(1) The lessee principally resides when the lease is consummated;

(2) The lessee will principally reside within thirty days after the lease is consummated;

(3) The leased goods are to be used; or

(4) Subject to subsection (b) of this section, the leased goods are physically received by the lessee.

(b) If the law chosen by the parties to a consumer lease under subdivision (4) of subsection (a) of this section is the law of a jurisdiction other than this state and the holder acts or initiates an action in this state to enforce rights arising from the lease against a lessee who is a resident of this state, the following rules apply:

(1) The holder's act or action is subject to sections 42-394 , 42-395 , 42-396 , 42-398 , and 42-399 and, except for a disclosure that would have been required by sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive, to be made before the holder's act or action, to sections 42-408 to 42-415 , inclusive, and 42-418 to 42-423 , inclusive.

(2) The holder's act or action is subject to sections 42-424 to 42-431 , inclusive, if the holder's act or action violates a provision of sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive, made applicable by this subsection.

(c) Notwithstanding any provision in a consumer lease, an action by a holder against a lessee to enforce the holder's rights under the lease must be brought in the venue of the lessee's residence.

(d) Notwithstanding any provision in a consumer lease, a lessee may maintain an action against a holder in any judicial forum that otherwise has jurisdiction over the holder.
Conn. Gen. Stat. § 42a-7-403 — Connecticut Code / Title 42a / Chapter 7 / Section 42a-7-403
Sec. 42a-7-403. Obligation of bailee to deliver; excuse.
Status: in_force

(1) Delivery of the goods to a person whose receipt was rightful as against the claimant;

(2) Damage to or delay, loss or destruction of the goods for which the bailee is not liable;

(3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage;

(4) The exercise by a seller of its right to stop delivery pursuant to section 42a-2-705 or by a lessor of its right to stop delivery pursuant to section 42a-2A-719 ;

(5) A diversion, reconsignment or other disposition pursuant to section 42a-7-303 ;

(6) Release, satisfaction or any other personal defense against the claimant; or

(7) Any other lawful excuse.

(b) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.

(c) Unless a person claiming the goods is a person against which the document of title does not confer a right under subsection (a) of section 42a-7-503 :

(1) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and

(2) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.

See Sec. 40-55 re delivery of goods without obtaining negotiable receipt.

Cited. 187 C. 405.
Conn. Gen. Stat. § 42-133ff — Connecticut Code / Title 42 / Chapter 739 / Section 42-133ff
Sec. 42-133ff. Surcharge based on method of payment prohibited. Discount not prohibited. Agreement or contract not to prohibit discount based on method of payment for gasoline. Minimum purchase requirement. Agent commissions. Penalties. Regulations.
Status: in_force

(1) (A) “Agent” (i) means any person who (I) arranges for the distribution of services by another person, or (II) leases, rents or sells tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value, on behalf of another person, and (ii) includes, but is not limited to, (I) any person who is duly appointed as an agent by a common carrier, (II) any person who sells transportation, travel or vacation arrangements on behalf of another person who is engaged in the business of furnishing transportation, travel or vacation services, and (III) any member of a cruise line association that operates exclusively as an agent for cruise lines to sell cruise travel products or services.

(B) “Agent” does not mean (i) a common carrier, (ii) an employee of a common carrier, or (iii) any person engaged in the business of furnishing transportation, travel or vacation services.

(2) “Charge card” (A) means any card, device or instrument that (i) is issued, with or without a fee, to a holder and requires the holder to pay the full outstanding balance due on such card, device or instrument at the end of each standard billing cycle established by the issuer of such card, device or instrument, and (ii) may be used by the holder in a transaction to receive services or lease, purchase or rent tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value, and (B) includes, but is not limited to, any software application that (i) is used to store a digital form of such card, device or instrument, and (ii) may be used in a transaction to receive such services or lease, purchase or rent any such property, article, commodity or thing.

(3) “Credit card” (A) means any card, device or instrument that (i) is issued, with or without a fee, to a holder, and (ii) may be used by the holder in a transaction to receive services or lease, purchase or rent tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value on credit, regardless of whether such card, device or instrument is known as a credit card, credit plate or by any other name, and (B) includes, but is not limited to, any software application that (i) is used to store a digital form of such card, device or instrument, and (ii) may be used in a transaction to receive such services or lease, purchase or rent any such property, article, commodity or thing on credit.

(4) (A) “Debit card” (i) means any card, code, device or other means of access, or any combination thereof, that (I) is authorized or issued for use to debit an asset account held, directly or indirectly, by a financial institution, and (II) may be used in a transaction to receive services or lease, purchase or rent tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value regardless of whether such card, code, device, means or combination is known as a debit card, and (ii) includes, but is not limited to, (I) any software application that is used to store a digital form of such card, code, device or other means of access, or any combination thereof, that may be used in a transaction to receive such services or lease, purchase or rent any such property, article, commodity or thing, and (II) any cards, codes, devices or other means of access, or any combination thereof, commonly known as automated teller machine cards and payroll cards.

(B) “Debit card” does not mean (i) a check, draft or similar paper instrument, or (ii) any electronic representation of such check, draft or instrument.

(5) “Person” means any natural person, corporation, incorporated or unincorporated association, limited liability company, partnership, trust or other legal entity.

(6) “Surcharge” means any additional charge or fee that increases the total amount of a transaction for the privilege of using a particular method of payment.

(7) (A) “Transaction” means distribution by one person to another person of any service, or the lease, rental or sale by one person of any tangible or intangible personal, real or mixed property, or any other article, commodity or thing of value to another person, for a certain price in this state.

(B) “Transaction” does not mean payment of any (i) fees, costs, fines or other charges to a state agency authorized by the Secretary of the Office of Policy and Management under section 1-1j , (ii) taxes, penalties, interest and fees allowed by the Commissioner of Revenue Services in accordance with section 12-39r , (iii) taxes, penalties, interest and fees, or other charges, to a municipality in accordance with section 12-141a , (iv) fees, costs, fines or other charges to the Judicial Branch in accordance with section 51-193b , or (v) sum pursuant to any other provision of the general statutes or regulation of Connecticut state agencies.

(b) No person may impose a surcharge on any transaction.

(c) (1) Nothing in this section shall prohibit any person from offering a discount on any transaction to induce payment by cash, check, debit card or similar means rather than by charge card or credit card. No person may offer any such discount unless such person posts a notice disclosing such discount. Such person shall clearly and conspicuously (A) post such notice on such person's premises if such person conducts transactions in-person, (B) display such notice on the Internet web site or digital payment application before completing any online transaction or transaction that is processed by way of such digital payment application, and (C) verbally provide such notice before completing any oral transaction, including, but not limited to, any telephonic transaction.

(2) In furtherance of the legislative findings contained in section 42-133j , no existing or future agreement or contract shall prohibit a gasoline distributor or retailer from offering a discount to a buyer based upon the method such buyer uses to pay for such gasoline. Any provision in such agreement or contract prohibiting such distributor or retailer from offering such discount is void and without effect because such provision is contrary to public policy.

(d) No person shall condition acceptance of a charge card or credit card for a transaction on a requirement that the transaction be in a minimum amount unless such person discloses such requirement. Such person shall clearly and conspicuously (1) post such notice on such person's premises if such person conducts transactions in-person, (2) display such notice on the Internet web site or digital payment application before completing any online transaction or transaction processed by way of such digital payment application, and (3) verbally provide such notice before completing any oral transaction, including, but not limited to, any telephonic transaction.

(e) No person may reduce the amount of any commission paid to an agent for such person in a transaction because a charge card or credit card was used to provide payment as part of such transaction.

(f) A violation of any provision of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b . The Commissioner of Consumer Protection may, after notice and hearing in accordance with the provisions of chapter 54, impose an additional civil penalty for any violation of this section. The amount of such additional civil penalty shall not exceed five hundred dollars per violation. Payments of such additional civil penalty shall be deposited in the consumer protection enforcement account established in section 21a-8a .

(g) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
Conn. Gen. Stat. § 42a-2-709 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-709
Sec. 42a-2-709. Action for the price.
Status: in_force

(2) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold.

(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated as provided in section 42a-2-610 , a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.

Cited. 165 C. 300; 166 C. 280; 187 C. 540; 189 C. 433.

Full contract price could be recovered by plaintiff-seller of kitchen equipment where defendant repudiated a month after performance had begun. 5 Conn. Cir. Ct. 444. Refusal by defendant of goods unless carrier brought them into his store was at sole risk of defendant and seller could recover price. Id., 597.
Conn. Gen. Stat. § 42a-2-309 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-309
Sec. 42a-2-309. Absence of specific time provisions; notice of termination .
Status: in_force

(2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.

(3) Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.

Subsec. (1):

Cited. 45 CA 633.
Conn. Gen. Stat. § 42a-7-204 — Connecticut Code / Title 42a / Chapter 7 / Section 42a-7-204
Sec. 42a-7-204. Duty of care; contractual limitation of warehouse's liability.
Status: in_force

(b) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse's liability may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.

(c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.

Cited. 187 C. 405.

Section is merely declaratory of the common law of this state concerning a bailee's ability to limit liability in a receipt or contract. 34 CS 661.
Conn. Gen. Stat. § 42a-5-110 — Connecticut Code / Title 42a / Chapter 5 / Section 42a-5-110
Sec. 42a-5-110. Warranties.
Status: in_force

(b) The warranties in subsection (a) of this section are in addition to warranties arising under articles 3, 4, 7 and 8 because of the presentation or transfer of documents covered by any of those articles.

Cited. 173 C. 492.
Conn. Gen. Stat. § 42-161 — Connecticut Code / Title 42 / Chapter 743 / Section 42-161
Sec. 42-161. Satisfaction of lien. Notice to occupant and holders of security interest.
Status: in_force

(b) The owner shall notify the occupant and any person who has filed in such occupant's name a valid security interest in such property with the Secretary of the State of such owner's intention to satisfy the lien with a written notice which shall be delivered in person or sent by electronic mail or by registered or certified mail, with a unique tracking number assigned by the United States Postal Service, to the last-known address of the occupant. If the owner sends notice by electronic mail to the occupant, a statement shall be included in such electronic mail, indicating that opening of such electronic mail is acceptance of such notice by the occupant pursuant to this section.

(c) If the owner sends electronic notice to the occupant pursuant to subsection (b) of this section, the owner shall send such notice to the occupant by registered or certified mail pursuant to said subsection if the owner has not received confirmation, not later than seven days after sending the electronic notice, that the occupant has opened the electronic notice.
Conn. Gen. Stat. § 42a-9-502 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-502
Sec. 42a-9-502. Contents of financing statement. Record of mortgage as financing statement. Time of filing financing statement.
Status: in_force

(1) Provides the name of the debtor;

(2) Provides the name of the secured party or a representative of the secured party; and

(3) Indicates the collateral covered by the financing statement.

(b) Except as otherwise provided in subsection (b) of section 42a-9-501 , to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection (a) and also:

(1) Indicate that it covers this type of collateral;

(2) Indicate that it is to be filed in the real property records;

(3) Provide a description of the real property to which the collateral is related sufficient to give constructive notice of a mortgage under the law of this state if the description were contained in a record of the mortgage of the real property; and

(4) If the debtor does not have an interest of record in the real property, provide the name of a record owner.

(c) A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:

(1) The record indicates the goods or accounts that it covers;

(2) The goods are or are to become fixtures related to the real property described in the record or the collateral is related to the real property described in the record and is as-extracted collateral or timber to be cut;

(3) The record satisfies the requirements for a financing statement in this section other than an indication that it is to be recorded in the real property records; and

(4) The record is recorded.

(d) A financing statement may be filed or recorded before a security agreement is made or a security interest otherwise attaches.

Annotations to former section 42a-9-402:

Cited. 182 C. 437.

No requirement that additional financing statements be filed to give notice of wholesale account of indebtedness. 35 CS 73.
Conn. Gen. Stat. § 42a-3-312 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-312
Sec. 42a-3-312. Enforcement of lost, destroyed or stolen cashier's checks, teller's checks or certified checks.
Status: in_force

(1) “Check” means a cashier's check, teller's check or certified check.

(2) “Claimant” means a person who claims the right to receive the amount of a cashier's check, teller's check or certified check that was lost, destroyed or stolen.

(3) “Declaration of loss” means a written statement, made under penalty of perjury, to the effect that (i) the declarer lost possession of a check, (ii) the declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashier's check or teller's check, (iii) the loss of possession was not the result of a transfer by the declarer or a lawful seizure and (iv) the declarer cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

(4) “Obligated bank” means the issuer of a cashier's check or teller's check or the acceptor of a certified check.

(b) A claimant may assert a claim to the amount of a check by a communication to the obligated bank describing the check with reasonable certainty and requesting payment of the amount of the check, if (i) the claimant is the drawer or payee of a certified check or the remitter or payee of a cashier's check or teller's check, (ii) the communication contains or is accompanied by a declaration of loss of the claimant with respect to the check, (iii) the communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check is paid and (iv) the claimant provides reasonable identification if requested by the obligated bank. Delivery of a declaration of loss is a warranty of the truth of the statements made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply:

(1) The claim becomes enforceable at the later of (i) the time the claim is asserted or (ii) the ninetieth day following the date of the check, in the case of a cashier's check or teller's check, or the ninetieth day following the date of the acceptance, in the case of a certified check.

(2) Until the claim becomes enforceable, it has no legal effect and the obligated bank may pay the check or, in the case of a teller's check, may permit the drawee to pay the check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the check.

(3) If the claim becomes enforceable before the check is presented for payment, the obligated bank is not obliged to pay the check.

(4) When the claim becomes enforceable, the obligated bank becomes obliged to pay the amount of the check to the claimant if payment of the check has not been made to a person entitled to enforce the check. Subject to section 42a-4-302 (a)(1), payment to a claimant discharges all liability of the obligated bank with respect to the check.

(c) If the obligated bank pays the amount of a check to a claimant under subdivision (4) of subsection (b) of this section and the check is presented for payment by a person having rights of a holder in due course, the claimant is obliged to (i) refund the payment to the obligated bank if the check is paid or (ii) pay the amount of the check to the person having rights of a holder in due course if the check is dishonored.

(d) If a claimant has the right to assert a claim under subsection (b) of this section and is also a person entitled to enforce a cashier's check, teller's check or certified check which is lost, destroyed or stolen, the claimant may assert rights with respect to the check either under this section or section 42a-3-309 .
Conn. Gen. Stat. § 42-339 — Connecticut Code / Title 42 / Chapter 743q / Section 42-339
Sec. 42-339. Complex rehabilitation technology and wheelchair repair advisory council. Membership. Required reporting.
Status: in_force

(b) The advisory council shall consist of the following members:

(1) Two appointed by the House and Senate chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to human services, one of whom is a consumer who uses a complex rehabilitation technology wheelchair purchased, leased or repaired under the Medicaid program, and one of whom is a representative of the state advocacy system for persons with disabilities, established pursuant to section 46a-10b ;

(2) Two appointed by the House and Senate ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to human services, one of whom is a consumer who uses a complex rehabilitation technology wheelchair purchased, leased or repaired under a private health insurance policy, and one of whom is an authorized wheelchair dealer, as defined in section 42-337 ;

(3) Two appointed by the House and Senate chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to general law, each of whom is a representative of an organization that represents persons with physical disabilities;

(4) Two appointed by the House and Senate ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to general law, each of whom is a consumer who privately pays for complex rehabilitation technology wheelchairs;

(5) The Commissioner of Aging and Disability Services, or the commissioner's designee;

(6) The Insurance Commissioner, or the commissioner's designee;

(7) The Commissioner of Social Services, or the commissioner's designee;

(8) The Healthcare Advocate, or the Healthcare Advocate's designee; and

(9) The Commissioner of Consumer Protection, or the commissioner's designee.

(c) Any member of the advisory council appointed under subdivision (1), (2), (3) or (4) of subsection (b) of this section may be a member of the General Assembly.

(d) All initial appointments to the advisory council shall be made not later than August 1, 2024. Any vacancy shall be filled by the appointing authority. The advisory council shall meet at least monthly.

(e) The Commissioner of Aging and Disability Services, or the commissioner's designee, and a member of the advisory council chosen by a majority of members of the advisory council, shall serve as chairpersons. Such chairpersons shall schedule the first meeting of the advisory council not later than September 1, 2024.

(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to human services shall serve as administrative staff of the advisory council.

(g) Not later than January 1, 2025, and annually thereafter, the advisory council shall submit a report on its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to aging, general law, human services and insurance, in accordance with the provisions of section 11-4a .
Conn. Gen. Stat. § 42a-2A-308 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-308
Sec. 42a-2A-308. Termination; survival of obligations.
Status: in_force

(b) The following survive termination of a lease contract:

(1) A right based on a previous default or performance of the lease contract;

(2) A term limiting the scope, manner, method or location of the exercise of rights in the goods;

(3) An obligation of confidentiality, nondisclosure or noncompetition;

(4) A choice of law or forum;

(5) An obligation to return or dispose of goods or return any unearned part of the rent;

(6) An obligation to arbitrate or otherwise resolve disputes through alternative dispute resolution procedures;

(7) A term limiting the time for bringing an action or for providing notice;

(8) An indemnity term;

(9) A limitation of remedy or disclaimer of warranty;

(10) An obligation to provide an accounting and make any payment due under the accounting;

(11) Other rights, remedies or limitations stated in the agreement as surviving to the extent enforceable under applicable law; and

(12) Other rights, remedies or limitations if in the circumstances their survival is necessary to achieve the purposes of the parties.
Conn. Gen. Stat. § 42a-3-115 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-115
Sec. 42a-3-115. Incomplete instrument.
Status: in_force

(b) Subject to subsection (c), if an incomplete instrument is an instrument under section 42a-3-104 , it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under section 42a-3-104 , but, after completion, the requirements of section 42a-3-104 are met, the instrument may be enforced according to its terms as augmented by completion.

(c) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under section 42a-3-407 .

(d) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority.

Cited. 156 C. 243. A promissory note remains a simple contract and is enforceable as such even though lacking an element essential for negotiability. 181 C. 207. Cited. 203 C. 394; 233 C. 304; 242 C. 17.

Where note, when completed, was ratified by two payments thereon by defendants, they could not raise defense of unauthorized completion by party to whom they negotiated the signed note. 4 Conn. Cir. Ct. 620. Defendant endorser who consented to insertions and alterations of checks is disqualified from attaching their validity and his liability thereon. 5 Conn. Cir. Ct. 405.
Conn. Gen. Stat. § 42a-9-337 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-337
Sec. 42a-9-337. Priority of security interests in goods covered by certificate of title.
Status: in_force

(1) A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and

(2) The security interest is subordinate to a conflicting security interest in the goods that attaches, and is perfected under subsection (b) of section 42a-9-311 , after issuance of the certificate and without the conflicting secured party's knowledge of the security interest.
Conn. Gen. Stat. § 42a-9-324 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-324
Sec. 42a-9-324. Priority of purchase-money security interests.
Status: in_force

(b) Subject to subsection (c) and except as otherwise provided in subsection (g), a perfected purchase-money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in section 42a-9-330 , and, except as otherwise provided in section 42a-9-327 , also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if:

(1) The purchase-money security interest is perfected when the debtor receives possession of the inventory;

(2) The purchase-money secured party sends an authenticated notification to the holder of the conflicting security interest;

(3) The holder of the conflicting security interest receives the notification within five years before the debtor receives possession of the inventory; and

(4) The notification states that the person sending the notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the inventory.

(c) Subdivisions (2) to (4), inclusive, of subsection (b) apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of inventory:

(1) If the purchase-money security interest is perfected by filing, before the date of the filing; or

(2) If the purchase-money security interest is temporarily perfected without filing or possession under subsection (f) of section 42a-9-312 , before the beginning of the twenty-day period thereunder.

(d) Subject to subsection (e) and except as otherwise provided in subsection (g), a perfected purchase-money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in section 42a-9-327 , a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if:

(1) The purchase-money security interest is perfected when the debtor receives possession of the livestock;

(2) The purchase-money secured party sends an authenticated notification to the holder of the conflicting security interest;

(3) The holder of the conflicting security interest receives the notification within six months before the debtor receives possession of the livestock; and

(4) The notification states that the person sending the notification has or expects to acquire a purchase-money security interest in livestock of the debtor and describes the livestock.

(e) Subdivisions (2) to (4), inclusive, of subsection (d) apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock:

(1) If the purchase-money security interest is perfected by filing, before the date of the filing; or

(2) If the purchase-money security interest is temporarily perfected without filing or possession under subsection (f) of section 42a-9-312 , before the beginning of the twenty-day period thereunder.

(f) Except as otherwise provided in subsection (g), a perfected purchase-money security interest in software has priority over a conflicting security interest in the same collateral, and, except as otherwise provided in section 42a-9-327 , a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase-money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this section.

(g) If more than one security interest qualifies for priority in the same collateral under subsection (a), (b), (d) or (f):

(1) A security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and

(2) In all other cases, subsection (a) of section 42a-9-322 applies to the qualifying security interests.
Conn. Gen. Stat. § 42a-8-110 — Connecticut Code / Title 42a / Chapter 8 / Section 42a-8-110
Sec. 42a-8-110. Applicability; choice of law.
Status: in_force

(1) The validity of a security;

(2) The rights and duties of the issuer with respect to registration of transfer;

(3) The effectiveness of registration of transfer by the issuer;

(4) Whether the issuer owes any duties to an adverse claimant to a security; and

(5) Whether an adverse claim can be asserted against a person to whom transfer of a certificated or uncertificated security is registered or a person who obtains control of an uncertificated security.

(b) The local law of the securities intermediary's jurisdiction, as specified in subsection (e) of this section, governs:

(1) Acquisition of a security entitlement from the securities intermediary;

(2) The rights and duties of the securities intermediary and entitlement holder arising out of a security entitlement;

(3) Whether the securities intermediary owes any duties to an adverse claimant to a security entitlement; and

(4) Whether an adverse claim can be asserted against a person who acquires a security entitlement from the securities intermediary or a person who purchases a security entitlement or interest therein from an entitlement holder.

(c) The local law of the jurisdiction in which a security certificate is located at the time of delivery governs whether an adverse claim can be asserted against a person to whom the security certificate is delivered.

(d) “Issuer's jurisdiction” means the jurisdiction under which the issuer of the security is organized or, if permitted by the law of that jurisdiction, the law of another jurisdiction specified by the issuer. An issuer organized under the law of this state may specify the law of another jurisdiction as the law governing the matters specified in subdivisions (2) to (5), inclusive, of subsection (a) of this section.

(e) The following rules determine a “securities intermediary's jurisdiction” for purposes of this section:

(1) If an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that a particular jurisdiction is the securities intermediary's jurisdiction for purposes of this part, this article or article 9, that jurisdiction is the securities intermediary's jurisdiction.

(2) If subdivision (1) of this subsection does not apply and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the securities intermediary's jurisdiction.

(3) If neither subdivision (1) nor subdivision (2) of this subsection applies and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the securities account is maintained at an office in a particular jurisdiction, that jurisdiction is the securities intermediary's jurisdiction.

(4) If none of the preceding subdivisions of this subsection applies, the securities intermediary's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the entitlement holder's account is located.

(5) If none of the preceding subdivisions of this subsection applies, the securities intermediary's jurisdiction is the jurisdiction in which the chief executive office of the securities intermediary is located.

(f) A securities intermediary's jurisdiction is not determined by the physical location of certificates representing financial assets, or by the jurisdiction in which is organized the issuer of the financial asset with respect to which an entitlement holder has a security entitlement, or by the location of facilities for data processing or other record keeping concerning the account.
Conn. Gen. Stat. § 42a-2A-102 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-102
Sec. 42a-2A-102. Definitions and index of definitions.
Status: in_force

(1) “Authenticate” means:

(A) To sign; or

(B) To execute or otherwise adopt a symbol, or encrypt or similarly process a record in whole or in part, with the present intent of the authenticating person to identify the person and adopt or accept a record.

(2) “Cancellation” means an act by either party which ends a lease contract because of a default by the other party.

(3) “Commercial unit” means a unit of goods which by commercial usage is a single whole for purposes of lease and whose division materially impairs its character or value in the relevant market or in use. A commercial unit may be a single article, such as a machine; a set of articles, such as a suite of furniture or a line of machinery; a quantity, such as a gross or carload; or any other unit treated in use or in the relevant market as a single whole.

(4) “Computer” means an electronic device that can perform substantial computations, including numerous arithmetic operations or logic operations, without human intervention during the computation or operation.

(5) “Conforming” goods or conduct under a lease contract means goods or performance that are in accordance with the obligations under the contract.

(6) “Conspicuous”, with reference to a term, means so written, displayed or otherwise presented that a reasonable person against which it is to operate ought to have noticed it. A term in an electronic record intended to evoke a response by an electronic agent is conspicuous if it is presented in a form that would enable a reasonably configured electronic agent to take it into account or react without review of the record by an individual. Conspicuous terms include the following:

(A) With respect to a person:

(i) A heading in capitals in a size equal to or greater than, or in contrasting type, font or color to, the surrounding text;

(ii) Language in the body of a record or display in larger or other contrasting type, font or color or set off from the surrounding text by symbols or other marks that call attention to the language; and

(iii) A term prominently referenced in an electronic record or display which is readily accessible and reviewable from the record or display; and

(B) With respect to a person or an electronic agent, a term or reference to a term that is so placed in a record or display that the person or electronic agent can not proceed without taking some action with respect to the term or reference.

(7) “Consumer” means an individual who leases or contracts to lease goods that, at the time of contracting, are intended by the individual to be used primarily for personal, family or household purposes. Personal, family or household use does not include professional or commercial purposes, including agriculture, business management and investment management, other than management of the individual's personal or family investments.

(8) “Consumer lease” means a lease between a merchant lessor and a consumer.

(9) “Delivery” means the voluntary transfer of physical possession or control of goods.

(10) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical or electromagnetic capabilities or similar capabilities.

(11) “Electronic agent” means a computer program or electronic or other automated means used to initiate an action or to respond to electronic messages or performances without intervention by an individual at the time of the action or response.

(12) “Electronic message” means an electronic record or display stored, generated or transmitted by electronic means for purposes of communication to another person or electronic agent.

(13) “Electronic event” means an electronic authentication, message, record or performance.

(14) “Finance lease” means a lease with respect to which:

(A) The lessor does not select, manufacture or supply the goods;

(B) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease or, in the case of goods that have been leased previously by the lessor and are not being leased to a consumer, in connection with another lease; and

(C) One of the following occurs:

(i) The lessee receives a copy of the agreement by which the lessor acquired, or proposes to acquire, the goods or the right to possession and use of the goods before authenticating the lease agreement;

(ii) The lessee's approval of the agreement or of the general contractual terms under which the lessor acquired or proposes to acquire the goods or the right to possession and use of the goods is a condition to the effectiveness of the lease contract;

(iii) The lessee, before authenticating the lease agreement, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

(iv) If the lease is not a consumer lease, before the lessee authenticates the lease agreement, the lessor informs the lessee in writing:

(I) Of the identity of the person supplying the goods to the lessor, unless the lessee has selected such person and directed the lessor to acquire the goods or the right to possession and use of the goods from such person;

(II) That the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; and

(III) That the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of such promises and warranties, including any disclaimers and limitations of such promises and warranties, or a statement of remedies.

(15) “Goods” means all things that are movable at the time of identification to a lease contract or that are fixtures. The term includes the unborn young of animals. The term does not include money in which the rent is to be paid, the subject of foreign exchange transactions, documents, letters of credit, instruments, investment property, accounts, chattel paper or general intangibles, payment intangibles or minerals, or the like, including oil and gas, before extraction.

(16) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information.

(17) “Lease” means the transfer of the right to possession and use of goods for a period in return for consideration. The term includes a sublease unless the context clearly indicates otherwise. The term does not include a sale, including a sale on approval or a sale or return, or retention or creation of a security interest.

(18) “Lease agreement” means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in this article. The term includes a sublease agreement unless the context clearly indicates otherwise.

(19) “Lease contract” means the total legal obligation resulting from the lease agreement as affected by this article and other applicable law. The term includes a sublease contract unless the context clearly indicates otherwise.

(20) “Leasehold interest” means the interest of the lessor or the lessee under a lease contract.

(21) “Lessee” means a person that acquires the right to possession and use of goods under a lease. The term includes a sublessee unless the context clearly indicates otherwise.

(22) “Lessee in ordinary course of business” means a person that, in good faith and without knowledge that the person's lease is in violation of ownership rights, a security interest or a leasehold interest of a third party in the goods, leases in the ordinary course from a person in the business of selling or leasing goods of that kind for cash or by exchange of other property or on secured or unsecured credit, including acquiring goods or documents of title under a preexisting lease contract, but not including a transfer in bulk, or as security for or in total or partial satisfaction of a money debt. The term does not include a pawnbroker.

(23) “Lessor” means a person that transfers the right to possession and use of goods under a lease. The term includes a sublessor unless the context clearly indicates otherwise.

(24) “Lessor's residual interest” means the lessor's interest in goods after expiration, termination or cancellation of a lease contract.

(25) “Lien” means a charge against or interest in goods to secure payment of a debt or performance of an obligation. The term does not include a security interest.

(26) “Lot” means a parcel or single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract.

(27) “Merchant lessee” means a lessee that is a merchant with respect to goods of the kind subject to the lease.

(28) “Present value” means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. In determining present value, the discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into. Otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.

(29) “Receive” means:

(A) With respect to goods, to take delivery; or

(B) With respect to a notice:

(i) To come to a person's attention; or

(ii) To be delivered to and available at a location designated by agreement for the purpose of notice, or, in the absence of an agreed location:

(I) To be delivered at the person's residence, or the person's place of business through which the contract was made, or at any other place held out by the person as a place for the receipt of such notices; or

(II) In the case of an electronic record, to come into existence in an information processing system in a form capable of being processed by or perceived from a system of that type, if the recipient uses, has designated or holds out that system as a place for the receipt of the notices.

(30) “Send” means, with any costs provided for and properly addressed or directed as reasonable under the circumstances or as otherwise agreed, to (A) deposit in the mail or with a commercially reasonable carrier, (B) deliver for transmission to or creation in another location or system, or (C) take the steps necessary to initiate transmission to or creation in another location or system. In addition, with respect to an electronic message, the term means to initiate operations that in the ordinary course will cause the record to come into existence in an information processing system in a form capable of being processed by or perceived from a system of that type by the recipient, if the recipient uses, has designated or holds out that system or address as a place for the receipt of communications of the kind. Receipt within the time in which it would have arrived if properly sent has the effect of a proper sending.

(31) “Sublease” means a lease of goods whose right to possession and use is acquired by the lessor as a lessee under an existing lease.

(32) “Supplier” means a person from which a lessor buys or leases goods to be leased under a finance lease.

(33) “Supply contract” means a contract under which a lessor buys or leases goods to be leased.

(34) “Termination” means the ending of a contract or a part thereof by an act by a party under a power created by agreement or law, or by operation of the terms of the agreement for a reason other than for a default by the other party.

(b) The following definitions in other articles apply to this article:

“Account”. Section 42a-9-102 (a)(2).

“Between merchants”. Section 42a-2-104 (3).

“Buyer”. Section 42a-2-103 (1)(a).

“Chattel paper”. Section 42a-9-102 (a)(11).

“Consumer goods”. Section 42a-9-102 (a)(23).

“Document”. Section 42a-9-102 (a)(30).

“Entrusting”. Section 42a-2-403 (3).

“General intangible”. Section 42a-9-102 (a)(42).

“Instrument”. Section 42a-9-102 (a)(47).

“Merchant”. Section 42a-2-104 (1).

“Mortgage”. Section 42a-9-102 (a)(55).

“Pursuant to commitment”. Section 42a-9-102 (a)(69).

“Sale”. Section 42a-2-106 (1).

“Sale on approval”. Section 42a-2-326 (1)(a).

“Sale or return”. Section 42a-2-326 (1)(b).

“Seller”. Section 42a-2-103 (1)(c).

(c) In addition, article 1 contains general definitions and principles of construction that apply throughout this article.
Conn. Gen. Stat. § 42a-8-114 — Connecticut Code / Title 42a / Chapter 8 / Section 42a-8-114
Sec. 42a-8-114. Evidentiary rules concerning certificated securities.
Status: in_force

(1) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary endorsement is admitted.

(2) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized.

(3) If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security.

(4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.
Conn. Gen. Stat. § 42-353 — Connecticut Code / Title 42 / Chapter 743r / Section 42-353
Sec. 42-353. Security interest in inventory. Arbitration. Waiver void. Settlements.
Status: in_force

(b) Nothing in sections 42-345 to 42-354 , inclusive, shall be construed to limit the right of a dealer and a supplier to enter into a dealer agreement providing for the arbitration of disputes arising under such agreement. Any such arbitration shall be consistent with the provisions of said sections and other applicable law. Any such arbitration shall be conducted in the city or town in which the dealer maintains the dealer's principal place of business in this state.

(c) Any provision contained in a dealer agreement or other contract purporting to waive compliance with any requirement of sections 42-345 to 42-354 , inclusive, is void and unenforceable to the extent of such purported waiver.

(d) Nothing in sections 42-345 to 42-354 , inclusive, shall be construed to limit or prohibit good-faith settlements of disputes voluntarily entered into between the parties to a dealer agreement.
Conn. Gen. Stat. § 42-393 — Connecticut Code / Title 42 / Chapter 743aa / Section 42-393
Sec. 42-393. Scope. Exclusions. Sale incident to lease.
Status: in_force

(b) Sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive, do not apply to a consumer lease unless the lessor has leased goods under a consumer lease more than five times in the preceding calendar year or more than five times in the current calendar year.

(c) Sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive, do not apply to a lease of:

(1) A safe deposit box;

(2) Goods incidental to a lease of real property under which the lessee: (A) Has no liability for the value of the goods at the end of the lease period except for abnormal wear and use; and (B) has no option to purchase the goods; or

(3) Goods incidental to a contract for the sale of goods or services.

(d) If a transaction that is predominantly a consumer lease includes an incidental sale of goods, services or other benefits, including accessories, insurance, an extended warranty, a maintenance agreement or a service contract, the incidental sale is not subject to sections 36a-770 to 36a-788 , inclusive, 42-100b , 42-100c and 42-125aa to 42-125cc , inclusive.

(e) A provision in a consumer lease for payment of governmental, license or registration fees; taxes related to the lease; or an amount necessary to discharge a security interest in, a lien on, or a debt with respect to, property traded in, or to satisfy an obligation owed on a previous lease, does not make the payment subject to sections 36a-555 to 36a-573 , inclusive, 36a-675 to 36a-685 , inclusive, 36a-770 to 36a-788 , inclusive, 42-100b , 42-100c and 42-125aa to 42-125cc , inclusive.
Conn. Gen. Stat. § 42-144 — Connecticut Code / Title 42 / Chapter 741 / Section 42-144
Sec. 42-144. Definitions.
Status: in_force

(a) “Advertisement” includes the attempt by publication, dissemination, solicitation or circulation, written or oral, to induce directly or indirectly, any person to enter into any obligation or acquire any title or interest in any merchandise;

(b) “Merchandise” includes any objects, wares, goods, commodities, intangibles, securities, bonds, debentures, stocks, real estate or services;

(c) “Services” includes any supply of accommodations, work, repair or other needs, instruction or education, including any type of training course in any field such as personality improvement, self motivation, salesmanship and similar fields;

(d) “Rights or privileges” includes the right or privilege to market, distribute, wholesale or retail, merchandise or services or to procure others to do so;

(e) “Procure” includes obtaining, providing, inducing, suggesting, soliciting, recruiting, training, supervising, advancing in position, or aiding or abetting any of the activities specified in this subsection;

(f) “Person” includes any natural person, or his legal representative, partnership, limited liability company, corporation, whether domestic or foreign, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestui que trust thereof;

(g) “Sale” includes any sale, offer of sale or attempt to sell any merchandise, services, or rights or privileges for any consideration, or aiding or abetting any of the activities specified in this section;

(h) “Trade and commerce” means the advertising, offering for sale, sale or distribution of services and property, tangible or intangible, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this state;

(i) “Commissioner” means the Commissioner of Consumer Protection.
Conn. Gen. Stat. § 42a-9-510 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-510
Sec. 42a-9-510. Effectiveness of filed record.
Status: in_force

(b) A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.

(c) A continuation statement that is not filed within the six-month period prescribed by subsection (d) of section 42a-9-515 is ineffective.
Conn. Gen. Stat. § 42a-8-601 — Connecticut Code / Title 42a / Chapter 8 / Section 42a-8-601
Sec. 42a-8-601. Savings clause.
Status: repealed

(b) If a security interest in a security is perfected as of October 1, 1997, and the action by which the security interest was perfected would suffice to perfect a security interest under public act 97-182*, no further action is required to continue perfection. If a security interest in a security is perfected as of October 1, 1997, but the action by which the security interest was perfected would not suffice to perfect a security interests under public act 97-182*, the security interest remains perfected for a period of four months after October 1, 1997, and continues perfected thereafter if appropriate action to perfect under public act 97-182* is taken within that period. If a security interest is perfected as of October 1, 1997, and the security interest can be perfected by filing under public act 97-182*, a financing statement signed by the secured party instead of the debtor may be filed within that period to continue perfection or thereafter to perfect.

*Note: Public act 97-182 is entitled “An Act Revising Article 8 of the Uniform Commercial Code Concerning Investment Securities”. (See Reference Table captioned “Public Acts of 1997” in Volume 16 which lists the sections amended, created or repealed by the act.)
Conn. Gen. Stat. § 42a-5-111 — Connecticut Code / Title 42a / Chapter 5 / Section 42a-5-111
Sec. 42a-5-111. Remedies.
Status: in_force

(b) If an issuer wrongfully dishonors a draft or demand presented under a letter of credit or honors a draft or demand in breach of its obligation to the applicant, the applicant may recover damages resulting from the breach, including incidental damages and, if appropriate under the circumstances, consequential damages, less any amount saved as a result of the breach.

(c) If an adviser or nominated person other than a confirmer breaches an obligation under this article or an issuer breaches an obligation not covered in subsection (a) or (b) of this section, a person to whom the obligation is owed may recover damages resulting from the breach, including incidental but not consequential damages, less any amount saved as a result of the breach. To the extent of the confirmation, a confirmer has the liability of an issuer specified in this subsection and subsections (a) and (b) of this section.

(d) An issuer, nominated person or adviser who is found liable under subsection (a), (b) or (c) of this section shall pay interest on the amount owed thereunder from the date of wrongful dishonor or other appropriate date.

(e) Reasonable attorney's fees and other expenses of litigation may be awarded to the prevailing party in an action in which a remedy is sought under this article.

(f) Damages that would otherwise be payable by a party for breach of an obligation under this article may be liquidated by agreement or undertaking, but only in an amount or by a formula that is reasonable in light of the harm anticipated.

See Sec. 42a-5-110 for successor provisions to Sec. 42a-5-111, revised to 1995, re warranties.

Cited. 173 C. 492.
Conn. Gen. Stat. § 42a-8-401 — Connecticut Code / Title 42a / Chapter 8 / Section 42a-8-401
Sec. 42a-8-401. Duty of issuer to register transfer.
Status: in_force

(1) Under the terms of the security the person seeking registration of transfer is eligible to have the security registered in its name;

(2) The endorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on behalf of the appropriate person;

(3) Reasonable assurance is given as provided in section 42a-8-402 that the endorsement or instruction is genuine and authorized;

(4) Any applicable law relating to the collection of taxes has been complied with;

(5) The transfer does not violate any restriction on transfer imposed by the issuer in accordance with section 42a-8-204 ;

(6) A demand that the issuer not register transfer has not become effective under section 42a-8-403 , or the issuer has complied with subsection (b) of section 42a-8-403 but no legal process or indemnity bond is obtained as provided in subsection (d) of section 42a-8-403 ; and

(7) The transfer is in fact rightful or is to a protected purchaser.

(b) If an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person's principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer.

Cited. 6 CA 530.
Conn. Gen. Stat. § 42a-4-207 — Connecticut Code / Title 42a / Chapter 4 / Section 42a-4-207
Sec. 42a-4-207. Transfer warranties.
Status: in_force

(b) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item (i) according to the terms of the item at the time it was transferred, or (ii) if the transfer was of an incomplete item, according to its terms when completed as stated in sections 42a-3-115 and 42a-3-407 . The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an endorsement stating that it is made “without recourse” or otherwise disclaiming liability.

(c) A person to whom the warranties under subsection (a) are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach.

(d) The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.

(e) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
Conn. Gen. Stat. § 42a-2-716 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-716
Sec. 42a-2-716. Buyer's right to specific performance or replevin.
Status: in_force

(2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.

(3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family or household purposes, the buyer's right of replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

Cited. 203 C. 63.

Cited. 33 CA 575.
Conn. Gen. Stat. § 42a-1-205 — Connecticut Code / Title 42a / Chapter 1 / Section 42a-1-205
Sec. 42a-1-205. Reasonable time; seasonableness.
Status: in_force

(b) An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.

Burden of proof for establishment of custom and usage is on defendant. 160 C. 468. Cited. 198 C. 624; 216 C. 458.
Conn. Gen. Stat. § 42a-3-309 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-309
Sec. 42a-3-309. Enforcement of lost, destroyed or stolen instrument.
Status: in_force

(b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, section 42a-3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

Cited. 238 C. 745.

There is no specific requirement that proponent of a lost note produce an affidavit detailing how the instrument was lost; photocopy of note was acceptable where there was no evidence that it was not an accurate copy. 140 CA 827. Subsec. (a): The only person who can enforce note is the person in possession of note when it was lost. 185 CA 534. Plaintiff does not have standing and is not entitled to enforce a note as a successor pursuant to an order of attachment and garnishment issued by a court if she does not have possession of the note and meet the requirements of this section. 199 CA 734.

Cited. 44 CS 464.
Conn. Gen. Stat. § 42a-4-303 — Connecticut Code / Title 42a / Chapter 4 / Section 42a-4-303
Sec. 42a-4-303. When items subject to notice, stop-payment order, legal process or set-off. Order in which items may be charged or certified.
Status: in_force

(b) Subject to subsection (a), items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.

Cited. 205 C. 604; 230 C. 486; 232 C. 167. “Reasonable time”, as used in section, requires a fact-specific inquiry and is not synonymous with the midnight deadline provided in Sec. 42a-4-104(a). 262 C. 704.

Cited. 5 Conn. Cir. Ct. 403.
Conn. Gen. Stat. § 42a-4A-106 — Connecticut Code / Title 42a / Chapter 4A / Section 42a-4A-106
Sec. 42a-4A-106. Time payment order is received.
Status: in_force

(b) If this article refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this article.
Conn. Gen. Stat. § 42a-7-503 — Connecticut Code / Title 42a / Chapter 7 / Section 42a-7-503
Sec. 42a-7-503. Document of title to goods defeated in certain cases.
Status: in_force

(1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with: (A) Actual or apparent authority to ship, store or sell; (B) power to obtain delivery under section 42a-7-403 ; or (C) power of disposition under section 42a-2-403 , 42a-2A-404 , 42a-2A-405 or 42a-9-320 , subsection (c) of section 42a-9-321 or other statute or rule of law; or

(2) Acquiesce in the procurement by the bailor or its nominee of any document.

(b) Title to goods based upon an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under section 42a-7-504 to the same extent as the rights of the issuer or a transferee from the issuer.

(c) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with part 4 of this article pursuant to its own bill of lading discharges the carrier's obligation to deliver.
Conn. Gen. Stat. § 42a-8-109 — Connecticut Code / Title 42a / Chapter 8 / Section 42a-8-109
Sec. 42a-8-109. Warranties in indirect holding.
Status: in_force

(1) The entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of the appropriate person; and

(2) There is no adverse claim to the security entitlement.

(b) A person who delivers a security certificate to a securities intermediary for credit to a securities account or originates an instruction with respect to an uncertificated security directing that the uncertificated security be credited to a securities account makes to the securities intermediary the warranties specified in subsection (a) or (b) of section 42a-8-108 .

(c) If a securities intermediary delivers a security certificate to its entitlement holder or causes its entitlement holder to be registered as the owner of an uncertificated security, the securities intermediary makes to the entitlement holder the warranties specified in subsection (a) or (b) of section 42a-8-108 .
Conn. Gen. Stat. § 42b-5 — Connecticut Code / Title 42b / Chapter 748 / Section 42b-5
Sec. 42b-5. Signature of authorized officer on certificates. Continuing validity.
Status: in_force

(b) Any authorized officer empowered to sign any certificated registered public obligation may adopt as and for the signature of such officer the signature of a predecessor in office in the event that such predecessor's signature appears on such certificated registered public obligation. An authorized officer incurs no liability by adoption of a predecessor's signature that would not be incurred by such authorized officer if the signature were that of such authorized officer.
Conn. Gen. Stat. § 42-224 — Connecticut Code / Title 42 / Chapter 743f / Section 42-224
Sec. 42-224. “As is” sales. Disclaimer.
Status: in_force

(b) No “as is” disclaimer by a dealer shall be enforceable unless all of the following conditions are met:

(1) A disclaimer shall appear on the front page of the contract of sale, which shall read as follows:

“AS IS”

THIS VEHICLE IS SOLD “AS IS”. THIS MEANS THAT YOU WILL LOSE YOUR IMPLIED WARRANTIES. YOU WILL HAVE TO PAY FOR ANY REPAIRS NEEDED AFTER SALE. IF WE HAVE MADE ANY PROMISES TO YOU, THE LAW SAYS WE MUST KEEP THEM, EVEN IF WE SELL “AS IS”. TO PROTECT YOURSELF, ASK US: 1. TO PUT ALL PROMISES INTO WRITING, AND 2. IF WE OFFER A WARRANTY ON THIS VEHICLE.

(2) The text of the disclaimer shall be printed in twelve-point boldface type, except the heading shall be in sixteen-point extra boldface type. The entire notice shall be boxed.

(3) The consumer shall indicate his assent to the disclaimer by signing his name within the box containing the disclaimer.

(c) An “as is” sale of a used motor vehicle waives implied warranties but shall not waive any express warranties, whether oral or written, which may have been made nor shall it affect the dealer's responsibility for any representations which may have been made, whether oral or written, upon which the buyer relied in entering into the transaction.

(d) Nothing in sections 42-220 to 42-226 , inclusive, shall be construed to limit the effect of any other requirements of law or of any representations on a certificate of title that the vehicle is in suitable condition for legal operation on the highways of this state.
Conn. Gen. Stat. § 42a-8-506 — Connecticut Code / Title 42a / Chapter 8 / Section 42a-8-506
Sec. 42a-8-506. Duty of securities intermediary to exercise rights as directed by entitlement holder.
Status: in_force

(1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

(2) In the absence of agreement, the securities intermediary either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder.
Conn. Gen. Stat. § 42a-9-314 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-314
Sec. 42a-9-314. Perfection by control.
Status: in_force

(b) A security interest in deposit accounts, electronic chattel paper, letter-of-credit rights or electronic documents is perfected by control under section 42a-7-106 , 42a-9-104 , 42a-9-105 or 42a-9-107 when the secured party obtains control and remains perfected by control only while the secured party retains control.

(c) A security interest in investment property is perfected by control under section 42a-9-106 from the time the secured party obtains control and remains perfected by control until:

(1) The secured party does not have control; and

(2) One of the following occurs:

(A) If the collateral is a certificated security, the debtor has or acquires possession of the security certificate;

(B) If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or

(C) If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.
Conn. Gen. Stat. § 42a-5-112 — Connecticut Code / Title 42a / Chapter 5 / Section 42a-5-112
Sec. 42a-5-112. Transfer of letter of credit.
Status: in_force

(b) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if: (1) The transfer would violate applicable law; or (2) the transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in subsection (e) of section 42a-5-108 or is otherwise reasonable under the circumstances.

See Secs. 42a-5-102(a)(12) and 42a-5-108(b), (c) and (h) for successor provisions to Sec. 42a-5-112, revised to 1995, re time allowed for honor or rejection, withholding honor or rejection by consent and the definition of “presenter”.

Cited. 173 C. 492.
Conn. Gen. Stat. § 42-110k — Connecticut Code / Title 42 / Chapter 735a / Section 42-110k
Sec. 42-110k. Commissioner's enforcement powers. Court orders.
Status: in_force

Cited. 186 C. 507; 190 C. 510; 238 C. 216.

Cited. 42 CS 198.
Conn. Gen. Stat. § 42a-9-201 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-201
Sec. 42a-9-201. General effectiveness of security agreement.
Status: in_force

(b) A transaction subject to this article is subject to any applicable rule of law which establishes a different rule for consumers and sections 36a-555 to 36a-573 , inclusive, and sections 36a-770 to 36a-786 , inclusive.

(c) In case of conflict between this article and a rule of law, statute or regulation described in subsection (b), the rule of law, statute or regulation controls. Failure to comply with a statute or regulation described in subsection (b) has only the effect the statute or regulation specifies.

(d) This article does not:

(1) Validate any rate, charge, agreement or practice that violates a rule of law, statute or regulation described in subsection (b); or

(2) Extend the application of the rule of law, statute or regulation to a transaction not otherwise subject to it.

Cited. 168 C. 152; 211 C. 613. Former Sec. 42a-9-203(4) cited. 231 C. 707.

Cited. 18 CA 265.
Conn. Gen. Stat. § 42a-9-306 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-306
Sec. 42a-9-306. Law governing perfection and priority of security interests in letter-of-credit rights.
Status: in_force

(b) For purposes of this part, an issuer's jurisdiction or nominated person's jurisdiction is the jurisdiction whose law governs the liability of the issuer or nominated person with respect to the letter-of-credit right as provided in section 42a-5-116 .

(c) This section does not apply to a security interest that is perfected only under subsection (d) of section 42a-9-308 .
Conn. Gen. Stat. § 42-417 — Connecticut Code / Title 42 / Chapter 743aa / Section 42-417
Sec. 42-417. Liability for gap amount on total loss of goods.
Status: in_force

(b) Except as otherwise provided in subsection (c) of this section, a consumer lease may not provide that the lessee is responsible for the gap amount. A provision in violation of this subsection is not enforceable.

(c) If a consumer lease so provides, the holder may recover from the lessee the portion of the gap amount attributable to:

(1) The lessee's failure to maintain in effect casualty insurance required under the lease;

(2) The lessee's fraud, intentional wrongful act or omission, or gross negligence; or

(3) The forfeiture or confiscation of the goods under governmental authority.
Conn. Gen. Stat. § 42-348 — Connecticut Code / Title 42 / Chapter 743r / Section 42-348
Sec. 42-348. Inventory repurchase. Examination of books and records. Payment for inventory.
Status: in_force

(b) The supplier shall pay the dealer, for any repurchase of inventory under section 42-347 and this section, as follows:

(1) One hundred per cent of the net cost of all new, undamaged and complete farm and utility tractors, forestry equipment, light industrial or construction equipment, farm implements, farm machinery and yard and garden equipment purchased from the supplier or other qualified vendor under the dealer agreement within the past thirty-six months, less a reasonable allowance for deterioration attributable to weather conditions at the dealer's location;

(2) Ninety per cent of the current net prices of all new and undamaged repair parts;

(3) Eighty-five per cent of the current net price of all new and undamaged superseded repair parts;

(4) Eighty-five per cent of the latest available published net price of all new and undamaged noncurrent repair parts;

(5) The fair market value of any specific data processing hardware that the supplier required the dealer to acquire in order to satisfy the reasonable requirements of the dealer agreement, including computer systems equipment required and approved by the supplier to communicate with the supplier, provided, the supplier may assume the dealer's responsibilities under any lease of such hardware or equipment in lieu of such payment;

(6) Seventy-five per cent of the net cost of specialized repair tools, signage, books and supplies purchased pursuant to the requirements of the supplier under the dealer agreement and held by the dealer on the date of termination, provided any such specialized repair tools shall be unique to the supplier's product line and shall be complete and in usable condition; and

(7) The average as is value shown in current industry guides for any dealer-owned rental fleet financed by the supplier or any finance subsidiary of the supplier.

(c) The party that initiates the termination of a dealer agreement under section 42-346 shall pay the cost of the return, handling, packing and loading of all inventory repurchased under section 42-347 and this section.

(d) Payment required to be made to the dealer under this section shall be made by the supplier not later than forty-five days after receipt of the inventory by the supplier. A penalty may be assessed by the dealer against the supplier in the amount of two per cent per day on any outstanding balance existing after such forty-five-day period. The supplier may apply any payment required to be made to the dealer under this section as a set-off against any amount owed by the dealer to the supplier.
Conn. Gen. Stat. § 42-371 — Connecticut Code / Title 42 / Chapter 743u / Section 42-371
Sec. 42-371. Consumer discount cards. Definitions. Notice. Prohibited and permitted uses of consumer information. Violations.
Status: in_force

(1) “Retailer” means any person who sells goods used primarily for personal, family or household purposes to a person who is not in the business of reselling such goods;

(2) “Discount card or device” means any card or device issued by a retailer to a consumer, that the consumer may use to obtain a discount when making purchases from the retailer, including, but not limited to, a scanner card;

(3) “Consumer” means an individual who is an actual or prospective purchaser of goods used primarily for personal, family or household purposes; and

(4) “Consumer information” means information that identifies a consumer and that is obtained by a retailer from the consumer's use of a discount card or device issued by the retailer in the course of the retailer's business.

(b) No retailer who issues, or has issued, a discount card or device in this state to a consumer may sell, lease or relinquish to any other person, firm or corporation any consumer information, unless (1) the retailer provides reasonable prior written notice to the consumer, (2) the retailer provides the consumer with the option, at the time the consumer applies for the discount card or device or at the time the consumer receives an unsolicited discount card or device, of preventing the retailer from selling, leasing or relinquishing such information, and (3) the consumer does not exercise such option to prevent the retailer from selling, leasing or relinquishing such information.

(c) Such notice shall (1) state that information identifying the consumer may be sold, leased or relinquished to other persons, firms or corporations, (2) describe the purposes for which such information would be used, and (3) include a form the consumer may use to prevent the retailer from selling, leasing or relinquishing such information.

(d) Nothing in this section shall be construed to supersede the federal Fair Credit Reporting Act (15 USC 1681 et seq.).

(e) The provisions of this section do not apply to the sale, lease or relinquishing of consumer information by a retailer to another person, firm or corporation that directly or through one or more intermediaries, controls, or is controlled by, or is under common control with, such retailer.

(f) Notwithstanding the provisions of subsection (b) of this section, a retailer may relinquish consumer information to (1) a credit rating agency, as defined in section 36a-695 , or a consumer reporting agency, as defined in 15 USC 1681 et seq., provided such information may be relinquished only if the discount card or device also functions as a credit card, as defined in section 53a-128a , (2) a person, firm or corporation performing or providing services used for the delivery of such retailer's promotional offers, or (3) a person, firm or corporation performing or providing services used for the delivery of such retailer's billing statements.

(g) Any violation of any provision of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b .
Conn. Gen. Stat. § 42a-3-301 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-301
Sec. 42a-3-301. Person entitled to enforce instrument.
Status: in_force

Cited. 238 C. 745. Loan servicer for owner and holder of a note and mortgage had standing in its own right to institute a foreclosure action against mortgagor as a transferee of the holder's rights. 309 C. 307. An assignee of a mortgage with a note that is specially endorsed to a different entity has standing to foreclose on a mortgage only if the assignee demonstrates that it is the holder of the note that has been vested with the right to enforce the note. 345 C. 662.

Cited. 4 CA 376; 35 CA 326.
Conn. Gen. Stat. § 42a-4-216 — Connecticut Code / Title 42a / Chapter 4 / Section 42a-4-216
Sec. 42a-4-216. Insolvency and preference.
Status: in_force

(b) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank.

(c) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement's becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events.

(d) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank.
Conn. Gen. Stat. § 42a-2A-409 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-409
Sec. 42a-2A-409. Rights of lessor and lessee when goods become fixures.
Status: in_force

(1) “Construction mortgage” means a mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land, including the acquisition cost of the land, if a recorded record of the mortgage so indicates.

(2) “Encumbrance” includes a real property mortgage, other lien on real estate and any other right in real property which is not an ownership interest.

(3) “Fixture filing” means a filing, in the office where a mortgage on the real property would be filed or recorded, of a financing statement covering goods that are or are to become fixtures and conforming to the requirements of subsections (a) and (b) of section 42a-9-502 .

(4) “Fixtures” means goods that have become so related to particular real property that an interest in them arises under real property law.

(5) “Purchase money lease” means a lease in which the lessee does not have possession or use of the goods or the right to possession or use of the goods before the lease agreement is enforceable.

(b) A lease under this article may be of goods that are fixtures or may continue in goods that become fixtures, but there may be no lease under this article of ordinary building materials incorporated into an improvement on land.

(c) This article does not prevent creation of a lease of fixtures under real property law.

(d) The perfected interest of a lessor of fixtures has priority over a conflicting interest of an encumbrancer or owner of the real property if the lessee has an interest of record in or is in possession of the real property and:

(1) Except as otherwise provided in subsection (f) of this section, the lease is a purchase money lease, the interest of the encumbrancer or owner arises before the goods become fixtures and the interest of the lessor is perfected by a fixture filing before the goods become fixtures or within twenty days thereafter; or

(2) The interest of the lessor is perfected by a fixture filing before the interest of the encumbrancer or owner is of record and the lessor's interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner.

(e) The interest of a lessor of fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real property if:

(1) The fixtures are readily removable factory or office machines, readily removable equipment that is not primarily used or leased for use in the operation of the real property or readily removable replacements of domestic appliances that are goods subject to a consumer lease, and, before the goods become fixtures, the lease contract is enforceable;

(2) The conflicting interest is a lien on the real property obtained by legal or equitable proceedings after the lease contract is enforceable;

(3) The encumbrancer or owner has, in an authenticated record, consented to the lease or has disclaimed an interest in the goods as fixtures; or

(4) The lessee has a right to remove the goods as against the encumbrancer or owner, but if the lessee's right to remove terminates, the priority of the interest of the lessor continues for a reasonable time.

(f) Except as otherwise provided in subsections (d) and (e) of this section, the interest of a lessor of fixtures, including the lessor's residual interest, is subordinate to the conflicting interest of an encumbrancer of the real property under a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. A mortgage has this priority to the same extent as a construction mortgage to the extent that it is given to refinance a construction mortgage.

(g) In cases not covered by subsections (c) to (f), inclusive, of this section, priority between the interest of a lessor of fixtures, including the lessor's residual interest, and the conflicting interest of an encumbrancer or owner of the real property which is not the lessee is determined by the priority rules governing conflicting interests in real property.

(h) If the interest of a lessor of fixtures, including the lessor's residual interest, has priority over all owners and encumbrancers of the real property, the lessor or the lessee may on default, expiration, termination or cancellation of the lease contract, but subject to the lease agreement and this article, or if necessary to enforce other rights of the lessor or lessee under this article, remove the goods from the real property, free and clear of all conflicting interests of all owners and encumbrancers of the real property. However, the lessor or lessee shall reimburse any encumbrancer or owner of the real property which is not the lessee and which has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real property, caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.

(i) Even if the lease agreement does not create a security interest, the interest of a lessor of fixtures, including the lessor's residual interest, is perfected by filing a financing statement as a fixture filing for leased goods that are or are to become fixtures in accordance with the pertinent provisions of article 9.
Conn. Gen. Stat. § 42a-9-110 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-110
Sec. 42a-9-110. Security interests arising under article 2 or 2A.
Status: in_force

(1) The security interest is enforceable, even if subdivision (3) of subsection (b) of section 42a-9-203 has not been satisfied;

(2) Filing is not required to perfect the security interest;

(3) The rights of the secured party after default by the debtor are governed by article 2 or 2A; and

(4) The security interest has priority over a conflicting security interest created by the debtor.
Conn. Gen. Stat. § 42-461 — Connecticut Code / Title 42 / Chapter 743cc / Section 42-461
Sec. 42-461. Gift cards.
Status: in_force

(b) Each seller or issuer of a gift card shall provide the purchaser of such gift card with either an electronic or paper copy of a (1) proof of purchase receipt, or (2) gift receipt for such gift card.

(c) If a person uses a gift card to purchase goods or services and the balance on the gift card is less than five dollars after such purchase, the person accepting the gift card as payment, if requested by the purchaser, shall provide the purchaser with a cash refund equal to the value of the remaining balance on the gift card after the purchase.
Conn. Gen. Stat. § 42a-2-320 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-320
Sec. 42a-2-320. C.I.F. and C. & F. terms.
Status: in_force

(2) Unless otherwise agreed and even though used only in connection with the stated price and destination, the term C.I.F. destination or its equivalent requires the seller at his own expense and risk to (a) put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and (b) load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and (c) obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and (d) prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and (e) forward and tender with commercial promptness all the documents in due form and with any endorsement necessary to perfect the buyer's rights.

(3) Unless otherwise agreed the term C. & F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance.

(4) Under the term C.I.F. or C. & F. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.
Conn. Gen. Stat. § 42-431 — Connecticut Code / Title 42 / Chapter 743aa / Section 42-431
Sec. 42-431. Administration.
Status: in_force

(b) To keep the commissioner's regulations in harmony with those of administrators in other states that enact legislation substantially the same as sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive, the commissioner, to the extent consistent with the provisions of sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive, in adopting, amending and repealing regulations, shall take into consideration the regulations of administrators in other states that enact legislation substantially the same as sections 42-270 to 42-271a , inclusive, and 42-390 to 42-434 , inclusive.
Conn. Gen. Stat. § 42a-2A-729 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-729
Sec. 42a-2A-729. Cure.
Status: in_force

(b) If a lessee rightfully rejects goods or a tender of delivery under section 42a-2A-725 or justifiably revokes acceptance under section 42a-2A-733 and the agreed time for performance has expired, the lessor or supplier, upon seasonable notice to the lessee and at the lessor's or supplier's own expense, may cure a default, if the cure is appropriate and timely under the circumstances, by making a tender of conforming goods. The lessor or supplier is obligated to compensate the lessee for all of the lessee's reasonable and necessary expenses caused by the nonconforming tender and subsequent cure.
Conn. Gen. Stat. § 42a-9-202 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-202
Sec. 42a-9-202. Title to collateral immaterial.
Status: in_force

Cited. 4 CA 58.

Cited. 25 CS 335.
Conn. Gen. Stat. § 42-515 — Connecticut Code / Title 42 / Chapter 743jj / Section 42-515
Sec. 42-515. Definitions.
Status: in_force

(1) “Abortion” means terminating a pregnancy for any purpose other than producing a live birth.

(2) “Affiliate” means a legal entity that shares common branding with another legal entity or controls, is controlled by or is under common control with another legal entity. For the purposes of this subdivision, “control” and “controlled” mean (A) ownership of, or the power to vote, more than fifty per cent of the outstanding shares of any class of voting security of a company, (B) control in any manner over the election of a majority of the directors or of individuals exercising similar functions, or (C) the power to exercise controlling influence over the management of a company.

(3) “Authenticate” means to use reasonable means to determine that a request to exercise any of the rights afforded under subdivisions (1) to (4), inclusive, of subsection (a) of section 42-518 is being made by, or on behalf of, the consumer who is entitled to exercise such consumer rights with respect to the personal data at issue.

(4) “Biometric data” means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, a voiceprint, eye retinas, irises or other unique biological patterns or characteristics that are used to identify a specific individual. “Biometric data” does not include (A) a digital or physical photograph, (B) an audio or video recording, or (C) any data generated from a digital or physical photograph, or an audio or video recording, unless such data is generated to identify a specific individual.

(5) “Business associate” has the same meaning as provided in HIPAA.

(6) “Child” has the same meaning as provided in COPPA.

(7) “Consent” means a clear affirmative act signifying a consumer's freely given, specific, informed and unambiguous agreement to allow the processing of personal data relating to the consumer. “Consent” may include a written statement, including by electronic means, or any other unambiguous affirmative action. “Consent” does not include (A) acceptance of general or broad terms of use or a similar document that contains descriptions of personal data processing along with other, unrelated information, (B) hovering over, muting, pausing or closing a given piece of content, or (C) agreement obtained through the use of dark patterns.

(8) “Consumer” means an individual who is a resident of this state. “Consumer” does not include an individual acting in a commercial or employment context or as an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, nonprofit or government agency whose communications or transactions with the controller occur solely within the context of that individual's role with the company, partnership, sole proprietorship, nonprofit or government agency.

(9) “Consumer health data” means any personal data that a controller uses to identify a consumer's physical or mental health condition or diagnosis, and includes, but is not limited to, gender-affirming health data and reproductive or sexual health data.

(10) “Consumer health data controller” means any controller that, alone or jointly with others, determines the purpose and means of processing consumer health data.

(11) “Controller” means a person who, alone or jointly with others, determines the purpose and means of processing personal data.

(12) “COPPA” means the Children's Online Privacy Protection Act of 1998, 15 USC 6501 et seq., and the regulations, rules, guidance and exemptions adopted pursuant to said act, as said act and such regulations, rules, guidance and exemptions may be amended from time to time.

(13) “Covered entity” has the same meaning as provided in HIPAA.

(14) “Dark pattern” means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making or choice, and includes, but is not limited to, any practice the Federal Trade Commission refers to as a “dark pattern”.

(15) “Decisions that produce legal or similarly significant effects concerning the consumer” means decisions made by the controller that result in the provision or denial by the controller of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services or access to essential goods or services.

(16) “De-identified data” means data that cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual, or a device linked to such individual, if the controller that possesses such data (A) takes reasonable measures to ensure that such data cannot be associated with an individual, (B) publicly commits to process such data only in a de-identified fashion and not attempt to re-identify such data, and (C) contractually obligates any recipients of such data to satisfy the criteria set forth in subparagraphs (A) and (B) of this subdivision.

(17) “Gender-affirming health care services” has the same meaning as provided in section 52-571n .

(18) “Gender-affirming health data” means any personal data concerning an effort made by a consumer to seek, or a consumer's receipt of, gender-affirming health care services.

(19) “Geofence” means any technology that uses global positioning coordinates, cell tower connectivity, cellular data, radio frequency identification, wireless fidelity technology data or any other form of location detection, or any combination of such coordinates, connectivity, data, identification or other form of location detection, to establish a virtual boundary.

(20) “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d et seq., as amended from time to time.

(21) “Identified or identifiable individual” means an individual who can be readily identified, directly or indirectly.

(22) “Institution of higher education” means any individual who, or school, board, association, limited liability company or corporation that, is licensed or accredited to offer one or more programs of higher learning leading to one or more degrees.

(23) “Mental health facility” means any health care facility in which at least seventy per cent of the health care services provided in such facility are mental health services.

(24) “Nonprofit organization” means any organization that is exempt from taxation under Section 501(c)(3), 501(c)(4), 501(c)(6) or 501(c)(12) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time.

(25) “Person” means an individual, association, company, limited liability company, corporation, partnership, sole proprietorship, trust or other legal entity.

(26) “Personal data” means any information that is linked or reasonably linkable to an identified or identifiable individual. “Personal data” does not include de-identified data or publicly available information.

(27) “Precise geolocation data” means information derived from technology, including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of an individual with precision and accuracy within a radius of one thousand seven hundred fifty feet. “Precise geolocation data” does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.

(28) “Process” and “processing” mean any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion or modification of personal data.

(29) “Processor” means a person who processes personal data on behalf of a controller.

(30) “Profiling” means any form of automated processing performed on personal data to evaluate, analyze or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

(31) “Protected health information” has the same meaning as provided in HIPAA.

(32) “Pseudonymous data” means personal data that cannot be attributed to a specific individual without the use of additional information, provided such additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual.

(33) “Publicly available information” means information that (A) is lawfully made available through federal, state or municipal government records or widely distributed media, and (B) a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.

(34) “Reproductive or sexual health care” means any health care-related services or products rendered or provided concerning a consumer's reproductive system or sexual well-being, including, but not limited to, any such service or product rendered or provided concerning (A) an individual health condition, status, disease, diagnosis, diagnostic test or treatment, (B) a social, psychological, behavioral or medical intervention, (C) a surgery or procedure, including, but not limited to, an abortion, (D) a use or purchase of a medication, including, but not limited to, a medication used or purchased for the purposes of an abortion, (E) a bodily function, vital sign or symptom, (F) a measurement of a bodily function, vital sign or symptom, or (G) an abortion, including, but not limited to, medical or nonmedical services, products, diagnostics, counseling or follow-up services for an abortion.

(35) “Reproductive or sexual health data” means any personal data concerning an effort made by a consumer to seek, or a consumer's receipt of, reproductive or sexual health care.

(36) “Reproductive or sexual health facility” means any health care facility in which at least seventy per cent of the health care-related services or products rendered or provided in such facility are reproductive or sexual health care.

(37) “Sale of personal data” means the exchange of personal data for monetary or other valuable consideration by the controller to a third party. “Sale of personal data” does not include (A) the disclosure of personal data to a processor that processes the personal data on behalf of the controller, (B) the disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer, (C) the disclosure or transfer of personal data to an affiliate of the controller, (D) the disclosure of personal data where the consumer directs the controller to disclose the personal data or intentionally uses the controller to interact with a third party, (E) the disclosure of personal data that the consumer (i) intentionally made available to the general public via a channel of mass media, and (ii) did not restrict to a specific audience, or (F) the disclosure or transfer of personal data to a third party as an asset that is part of a merger, acquisition, bankruptcy or other transaction, or a proposed merger, acquisition, bankruptcy or other transaction, in which the third party assumes control of all or part of the controller's assets.

(38) “Sensitive data” means personal data that includes (A) data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation or citizenship or immigration status, (B) consumer health data, (C) the processing of genetic or biometric data for the purpose of uniquely identifying an individual, (D) personal data collected from a known child, (E) data concerning an individual's status as a victim of crime, as defined in section 1-1k , or (F) precise geolocation data.

(39) “Targeted advertising” means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained or inferred from that consumer's activities over time and across nonaffiliated Internet web sites or online applications to predict such consumer's preferences or interests. “Targeted advertising” does not include (A) advertisements based on activities within a controller's own Internet web sites or online applications, (B) advertisements based on the context of a consumer's current search query, visit to an Internet web site or online application, (C) advertisements directed to a consumer in response to the consumer's request for information or feedback, or (D) processing personal data solely to measure or report advertising frequency, performance or reach.

(40) “Third party” means a person, such as a public authority, agency or body, other than the consumer, controller or processor or an affiliate of the processor or the controller.

(41) “Trade secret” has the same meaning as provided in section 35-51 .
Conn. Gen. Stat. § 42-103c — Connecticut Code / Title 42 / Chapter 734a / Section 42-103c
Sec. 42-103c. Registration. Application, fee and surety bond. Refusal to issue, revocation and suspension. Notice and hearing. Enforcement.
Status: in_force

(b) Any person seeking a certificate of registration shall apply to the commissioner in writing, on a form provided by the commissioner. Such person may file one application on behalf of all of its employees, members, officers, agents and partners, provided the names of all such persons are listed on the application. Such application shall include the applicant's name, residence address, business address, employees' names and residence addresses and such other information as the commissioner may by regulation require. No such application may be approved unless it is accompanied by a fee of one hundred dollars for registration and a surety bond in which the applicant shall be the principal obligor in the sum of ten thousand dollars, with one or more sureties satisfactory to the commissioner. The bond shall run to the Department of Consumer Protection for the use of the state and to any person who may have a cause of action against the obligor of the bond for any malfeasance or misfeasance in the conduct of the apartment listing service. An applicant may file a consolidated bond on behalf of all of its employees, members, officers, agents and partners. The commissioner may release the bond not less than one year after the applicant ceases operation as a registered apartment listing service, provided there are no claims pending against the bond.

(c) Each registration shall be valid for a period of one year or a part thereof and shall expire on December thirty-first of each year and may be renewed for additional one-year periods on or before January first of the next and each following year upon written application under oath in the form prescribed by the commissioner and containing such information as he may require and the filing of the bond prescribed in subsection (b) of this section.

(d) Upon receipt of a completed application and surety bond, the commissioner shall: (1) Issue and deliver to the applicant a certificate to engage in the business of an apartment listing service; or (2) refuse to issue the certificate for conduct of a character likely to mislead, deceive or defraud the public or the commissioner or violation of any of the provisions of this chapter or any regulation established pursuant to any of such provisions.

(e) Upon refusal to issue a certificate, the commissioner shall notify the applicant of the denial and of his right to request a hearing within ten days from the date of receipt of the notice of denial. In the event the applicant requests a hearing within such ten days, the commissioner shall give notice of the grounds for his refusal and shall conduct a hearing concerning such refusal in accordance with the provisions of chapter 54 concerning contested matters.

(f) The commissioner may revoke, suspend or refuse to renew any certificate of registration as an apartment listing service for: (1) Conduct of a character likely to mislead, deceive or defraud the public or the commissioner; or (2) violation of any of the provisions of this chapter or this section or any regulation established pursuant to any of such provisions. No such revocation, suspension or refusal to renew shall be ordered by the commissioner except upon notice and hearing in accordance with chapter 54.

(g) The Attorney General, at the request of the commissioner, is authorized to apply in the name of the state of Connecticut to the superior court for the judicial district of Hartford for an order temporarily or permanently restraining and enjoining any person from acting as an apartment listing service without first obtaining a certificate of registration from the commissioner.
Conn. Gen. Stat. § 42a-2A-205 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-205
Sec. 42a-2A-205. Offer and acceptance.
Status: in_force

(b) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror that is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
Conn. Gen. Stat. § 42a-9-607 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-607
Sec. 42a-9-607. Collection and enforcement by secured party.
Status: in_force

(1) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;

(2) May take any proceeds to which the secured party is entitled under section 42a-9-315 ;

(3) May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;

(4) If it holds a security interest in a deposit account perfected by control under subdivision (1) of subsection (a) of section 42a-9-104 , may apply the balance of the deposit account to the obligation secured by the deposit account; and

(5) If it holds a security interest in a deposit account perfected by control under subdivision (2) or (3) of subsection (a) of section 42a-9-104 , may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.

(b) If necessary to enable a secured party to exercise under subdivision (3) of subsection (a) of this section the right, if any, of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:

(1) A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and

(2) The secured party's sworn affidavit in recordable form stating that:

(A) A default has occurred with respect to an obligation secured by the mortgage; and

(B) The secured party is entitled to enforce the mortgage nonjudicially.

(c) A secured party shall proceed in a commercially reasonable manner if the secured party:

(1) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and

(2) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.

(d) A secured party may deduct from the collections made pursuant to subsection (c) of this section reasonable expenses of collection and enforcement, including reasonable attorney's fees and legal expenses incurred by the secured party.

(e) This section does not determine whether an account debtor, bank or other person obligated on collateral owes a duty to a secured party.
Conn. Gen. Stat. § 42a-4-204 — Connecticut Code / Title 42a / Chapter 4 / Section 42a-4-204
Sec. 42a-4-204. Methods of sending and presenting. Sending directly to payor bank.
Status: in_force

(b) A collecting bank may send: (1) An item directly to the payor bank; (2) an item to a nonbank payor if authorized by its transferor; and (3) an item other than documentary drafts to a nonbank payor, if authorized by federal reserve regulation or operating circular, clearinghouse rule, or the like.

(c) Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made.
Conn. Gen. Stat. § 42a-9-618 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-618
Sec. 42a-9-618. Rights and duties of certain secondary obligors.
Status: in_force

(1) Receives an assignment of a secured obligation from the secured party;

(2) Receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or

(3) Is subrogated to the rights of a secured party with respect to collateral.

(b) An assignment, transfer or subrogation described in subsection (a):

(1) Is not a disposition of collateral under section 42a-9-610 ; and

(2) Relieves the secured party of further duties under this article.

Annotations to former section 42a-9-504(5):

Cited. 18 CA 265; 24 CA 455.
Conn. Gen. Stat. § 42a-3-119 — Connecticut Code / Title 42a / Chapter 3 / Section 42a-3-119
Sec. 42a-3-119. Notice of right to defend action.
Status: in_force

See Secs. 42a-3-106(a) and (b) and 42a-3-117 for successor provisions to Sec. 42a-3-119, revised to 1991, re other written agreements affecting an instrument.

Cited. 215 C. 355.

Cited. 33 CS 183.
Conn. Gen. Stat. § 42a-2-719 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-719
Sec. 42a-2-719. Contractual modification or limitation of remedy.
Status: in_force

(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this title.

(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.

Cited. 172 C. 112; 203 C. 342; 209 C. 163; 218 C. 297.

Cited. 29 CA 865; 33 CA 575; 40 CA 268.
Conn. Gen. Stat. § 42a-2-105 — Connecticut Code / Title 42a / Chapter 2 / Section 42a-2-105
Sec. 42a-2-105. Definitions: Transferability; “goods”; “future” goods; “lot”; “commercial unit”.
Status: in_force

(2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are “future” goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.

(3) There may be a sale of a part interest in existing identified goods.

(4) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller's interest in the bulk be sold to the buyer who then becomes an owner in common.

(5) “Lot” means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.

(6) “Commercial unit” means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article, as a machine, or a set of articles, as a suite or furniture or an assortment of sizes, or a quantity, as a bale, gross, or carload, or any other unit treated in use or in the relevant market as a single whole.

Cited. 165 C. 300; 212 C. 167.

Use of products involved in a beauty treatment does not amount to a sale of goods but to a rendition of services. 25 CS 114. Cited. 28 CS 481. Contract to furnish labor and materials is not sale of “goods” under section. 33 CS 108. Cited. 37 CS 735; 41 CS 179; Id., 566.

Cited. 6 Conn. Cir. Ct. 482.
Conn. Gen. Stat. § 42a-9-329 — Connecticut Code / Title 42a / Chapter 9 / Section 42a-9-329
Sec. 42a-9-329. Priority of security interests in letter-of-credit right.
Status: in_force

(1) A security interest held by a secured party having control of the letter-of-credit right under section 42a-9-107 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control.

(2) Security interests perfected by control under section 42a-9-314 rank according to priority in time of obtaining control.
Conn. Gen. Stat. § 42a-2A-604 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-604
Sec. 42a-2A-604. Substituted performance.
Status: in_force

(b) If an agreed means or manner of payment fails because of domestic or foreign governmental statute, regulation or order, the lessor may withhold or stop delivery, or cause the supplier to withhold or stop delivery, until the lessee provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been made, payment by the means or in the manner provided by such statute, regulation or order discharges the lessee's obligation unless such statute, regulation or order is discriminatory, oppressive or predatory.
Conn. Gen. Stat. § 42-471a — Connecticut Code / Title 42 / Chapter 743dd / Section 42-471a
Sec. 42-471a. Employment applications to be obtained and retained in secure manner. Penalties.
Status: in_force

(b) Any person or entity that violates the provisions of this section shall be subject to a civil penalty of five hundred dollars for each violation, provided such civil penalty shall not exceed five hundred thousand dollars for any single event.

(c) The provisions of this section shall not apply to any agency or political subdivision of the state.

(d) Any civil penalties received pursuant to this section shall be deposited into the privacy protection guaranty and enforcement account established pursuant to section 42-472a .
Conn. Gen. Stat. § 42a-4A-502 — Connecticut Code / Title 42a / Chapter 4A / Section 42a-4A-502
Sec. 42a-4A-502. Creditor process served on receiving bank; set-off by beneficiary's bank.
Status: in_force

(b) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.

(c) If a beneficiary's bank has received a payment order for payment to the beneficiary's account in the bank, the following rules apply:

(1) The bank may credit the beneficiary's account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account.

(2) The bank may credit the beneficiary's account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal.

(3) If creditor process with respect to the beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.

(d) Creditor process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary's bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act with respect to the process.
Conn. Gen. Stat. § 42a-7-301 — Connecticut Code / Title 42a / Chapter 7 / Section 42a-7-301
Sec. 42a-7-301. Liability for nonreceipt or misdescription; “said to contain”; “shipper's weight, load and count”; improper handling.
Status: in_force

(b) If goods are loaded by the issuer of a bill of lading:

(1) The issuer shall count the packages of goods if shipped in packages and ascertain the kind and quantity if shipped in bulk; and

(2) Words such as “shipper's weight, load and count” or words of similar import indicating that the description was made by the shipper are ineffective except as to goods concealed in packages.

(c) If bulk goods are loaded by a shipper that makes available to the issuer of a bill of lading adequate facilities for weighing those goods, the issuer shall ascertain the kind and quantity within a reasonable time after receiving the shipper's request in a record to do so. In that case, “shipper's weight” or words of similar import are ineffective.

(d) The issuer of a bill of lading, by including in the bill the words “shipper's weight, load and count”, or words of similar import, may indicate that the goods were loaded by the shipper, and, if that statement is true, the issuer is not liable for damages caused by the improper loading. However, omission of such words does not imply liability for damages caused by improper loading.

(e) A shipper guarantees to an issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition and weight, as furnished by the shipper, and the shipper shall indemnify the issuer against damage caused by inaccuracies in those particulars. This right of indemnity does not limit the issuer's responsibility or liability under the contract of carriage to any person other than the shipper.
Conn. Gen. Stat. § 42a-2A-706 — Connecticut Code / Title 42a / Chapter 2A / Section 42a-2A-706
Sec. 42a-2A-706. Incidental damages.
Status: in_force

(1) Inspection, receipt, transportation, care or custody of identified goods which are the subject of the default;

(2) Stopping delivery or shipment;

(3) Effecting cover, return or disposition of the goods;

(4) Reasonable efforts otherwise to minimize or avoid the consequences of default; and

(5) Effectuating other remedies after the default or otherwise dealing with the goods.
Conn. Gen. Stat. § 42a-8-307 — Connecticut Code / Title 42a / Chapter 8 / Section 42a-8-307
Sec. 42a-8-307. Purchaser's right to requisites for registration of transfer.
Status: in_force

See Sec. 42a-8-304(d) for successor provisions to Sec. 42a-8-307, revised to 1997, re effect of delivery without endorsement and the right of the purchaser to compel endorsement.
Conn. Gen. Stat. § 42a-7-302 — Connecticut Code / Title 42a / Chapter 7 / Section 42a-7-302
Sec. 42a-7-302. Through bills of lading and similar documents of title.
Status: in_force

(b) If goods covered by a through bill of lading or other document of title embodying an undertaking to be performed in part by a person other than the issuer are received by that person, the person is subject, with respect to its own performance while the goods are in its possession, to the obligation of the issuer. The person's obligation is discharged by delivery of the goods to another person pursuant to the bill or other document and does not include liability for breach by any other person or by the issuer.

(c) The issuer of a through bill of lading or other document of title described in subsection (a) of this section is entitled to recover from the performing carrier, or other person in possession of the goods when the breach of the obligation under the bill or other document occurred:

(1) The amount it may be required to pay to any person entitled to recover on the bill or other document for the breach, as may be evidenced by any receipt, judgment or transcript of judgment; and

(2) The amount of any expense reasonably incurred by the issuer in defending any action commenced by any person entitled to recover on the bill or other document for the breach.
Conn. Gen. Stat. § 42-360 — Connecticut Code / Title 42 / Chapter 743t / Section 42-360
Sec. 42-360. Dry cleaning price information. Penalty. Unfair trade practice.
Status: in_force

(1) Post a list containing the retail price, including taxes, charged for each type of garment cleaned or accepted for cleaning by such business, except for garments requiring special handling or care. Any such price list shall be displayed in a prominent location on the premises of such business for viewing by customers; or

(2) Furnish on the premises of such business a printed leaflet or flyer containing the price information set forth in subdivision (1) of this subsection. Any such leaflet or flyer shall be readily available to customers in a conspicuous location at each service counter.

(b) Any such person, firm or corporation that violates any provision of subsection (a) of this section shall be fined not more than one hundred dollars.

(c) A violation of any provision of subsection (a) of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b .