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Section 10-4.Implied Duty

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

In one sentenceA pleading does not need to spell out a promise or duty that the law already implies from the facts the party has alleged.

Full Text of Section 10-4

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It is unnecessary to allege any promise or duty which the law implies from the facts pleaded.

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.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 10-4). 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: implied duty pleading Connecticutduty implied by law ruleunnecessary to allege promise implied by law