Connecticut General Statutes

Conn. Gen. Stat. § 52-136 (2026)

Amendment from contract to tort and vice versa

✓ current as of May 2026

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The complaint in an action brought for breach of contract may be amended so as to set forth instead a cause of action founded on a tort, arising from the same transaction or subject of action; and any complaint founded on a tort may be amended so as to set forth instead a cause of action for a breach of contract arising out of the same transaction or subject of action.

(1949 Rev., S. 7857.)

See Sec. 52-244 re circumstances under which plaintiff may not recover costs.

“A cause of action arising from the same transaction” is identical in substance with the term “ground of action”. 56 C. 594. Cited. 60 C. 500. Refers not to a new count, but such an amended statement as makes it a statement of a new cause sounding differently. 63 C. 372. Cited. 66 C. 500. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.

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Notes of Decisions

Cited in 1 case, 2002–2002 · leading case: Sandvig v. Dubreuil & Sons, Inc., 789 A.2d 1012 (Conn. App. Ct. 2002).

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Sandvig v. Dubreuil & Sons, Inc., 789 A.2d 1012 (Conn. App. Ct. 2002). · cites it 5× “B Statutory Right to Amend The plaintiff next claims that she had a right to amend her negligence complaint to include a contract count pursuant to General Statutes § 52-136, 10 and Practice Book §§ 10-62 11 and 10-65.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.