A complaint for breach of contract may be amended so as to set forth a cause of action founded on a tort arising from the same transaction or subject of action; and a complaint founded on a tort may be amended so as to set forth a cause of action for a breach of contract arising out of the same transaction or subject of action. (See General Statutes § 52-136 and annotations.)
Section 10-65.—Amending Contract to Tort and Vice Versa
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule permits a Connecticut complaint to be amended between a contract theory and a tort theory, or vice versa, as long as the new claim arises from the same transaction or subject of action.
Full Text of Section 10-65
Amendment History
(P.B. 1978-1997, Sec. 181.)
Plain-English Summary
Section 10-65 allows a party to change the legal theory of a claim without starting over. A complaint for breach of contract may be amended to set forth a cause of action founded on a tort arising from the same transaction or subject of action. The rule also runs the reverse direction: a complaint founded on a tort may be amended to set forth a cause of action for breach of contract arising out of the same transaction or subject of action.
The common thread in both directions is that the amended claim must arise from the same transaction or subject of action as the original claim. The rule addresses recharacterizing the theory of the case, not introducing an unrelated claim.
Frequently Asked Questions
Can a breach of contract claim be amended into a tort claim in Connecticut?
Yes. Section 10-65 allows a complaint for breach of contract to be amended to set forth a tort cause of action, provided it arises from the same transaction or subject of action.
Can a tort claim be amended into a breach of contract claim?
Yes, the rule also permits that direction: a complaint founded on a tort may be amended to set forth a breach of contract claim arising out of the same transaction or subject of action.
Does the amended claim have to relate to the same underlying events?
Yes. The text requires the new cause of action to arise from the same transaction or subject of action as the original claim.
Is amending contract to tort the same as amending the type of relief sought?
No. Section 10-65 covers changing the legal theory of the claim itself, while Sections 10-63 and 10-64 address amendments that change between equitable and legal relief.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 10-65). 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: amending contract to tort and vice versachanging legal theory of claim Connecticutamend complaint from breach of contract to tortsame transaction or subject of action amendmentPractice Book 10-65 amendment