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Section 10-2.Pleading Legal Effect

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceA party may describe an act or contract by its legal effect rather than reciting it word for word, as long as the description gives the other side a clear picture of the facts to be proved.

Full Text of Section 10-2

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Acts and contracts may be stated according to their legal effect, but in so doing the pleading should be such as fairly to apprise the adverse party of the state of facts which it is intended to prove. Thus an act or promise by a principal, other than a corporation, if in fact proceeding from an agent known to the pleader, should be so stated; and the obligation of a spouse to pay for necessaries furnished to his or her spouse, whom he or she has driven from the marital house, should be stated according to the facts.

Amendment History

(P.B. 1978-1997, Sec. 109.)

Plain-English Summary

Section 10-2 lets a pleader describe acts and contracts according to their legal effect instead of quoting or reciting them in full, so long as the description apprises the adverse party of the state of facts the pleader intends to prove. The rule gives two illustrations of how facts should be stated when legal-effect pleading could obscure them.

An act or promise made by a principal — other than a corporation — that came from an agent known to the pleader should be stated as coming from the agent. And a spouse’s obligation to pay for necessaries furnished to a spouse driven from the marital home should be pleaded according to the actual facts of the situation, not a shorthand legal characterization.

Frequently Asked Questions

Can a Connecticut pleading describe a contract by its legal effect instead of quoting it?

Yes, Section 10-2 allows acts and contracts to be stated according to their legal effect, provided the pleading gives the adverse party a clear picture of the facts to be proved.

Why does Section 10-2 mention an agent acting for a principal?

It illustrates a limit on legal-effect pleading: if an act or promise attributed to a principal came from a known agent, the pleading should say so rather than obscure the agent’s role.

What does Section 10-2 say about a spouse’s duty to pay for necessaries?

It gives that obligation as an example of a claim that should be pleaded according to the actual facts — such as a spouse having driven the other spouse from the marital home — rather than stated only in general legal terms.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-2). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: legal effect pleading Connecticutstating acts and contracts by legal effectagent principal pleading rulenecessaries spouse pleading CT