Section 10-4.Implied Duty
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 10-4
Amendment History
(P.B. 1978-1997, Sec. 110.)
Plain-English Summary
Section 10-4 is a short rule that removes an unnecessary step from pleading. If the facts a party has already pleaded give rise to a promise or duty by operation of law, the party does not have to allege that promise or duty separately. The implied obligation follows from the pleaded facts on its own.
Frequently Asked Questions
Does a party have to plead a duty that the law implies from the facts?
No. Section 10-4 says it is unnecessary to allege a promise or duty that the law implies from the facts already pleaded.
Why does Connecticut allow implied duties to go unstated in a pleading?
Because once the underlying facts are pleaded, the law itself supplies the resulting promise or duty, so restating it adds nothing to the pleading.
How does Section 10-4 relate to the fact-pleading standard in Section 10-1?
Section 10-1 requires pleading material facts, and Section 10-4 confirms that once those facts are pleaded, any duty the law attaches to them does not need separate allegation.