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5.2-6  CUTPA - Substantial Injury

Revised to January 1, 2008

The plaintiff asserts that the defendant committed an unfair trade practice because there was "substantial injury to consumers, competitors or other business persons."  The plaintiff must prove that the defendant's conduct, <describe conduct>, caused an injury that is:  1) substantial; 2) not outweighed by countervailing benefits to consumers or competition; and 3) that the consumers or competitors could not reasonably have avoided.  The plaintiff must prove all three of these elements.

Authority

McLaughlin Ford, Inc. v. Ford Motor Co., 192 Conn. 558, 569-70 (1984); Calandro v. AllState Ins. Co., 63 Conn. App. 602, 613 (2001); Prishwalko v. Bob Thomas Ford, Inc., 33 Conn. App. 575, 585-86 (1994).

Notes

Use this instruction only if there is a claim under this prong.