“The legislature never intended CUTPA to cover private acts between two non-commercial parties,” contended Max F. Brunswick, arguing before the Supreme Court on behalf of a New Jersey yachtsman. If it did, Brunswick said, the unfair trade practices act would give the buyer a legal weapon so strong it could “virtually decapitate the seller, which is what happened here.”
He contended his client, a baker named Mark S. Urich, only sold individual boats after he’d used them personally, and should never have CUTPA applied, since he wasn’t in the “trade or business” of selling boats.
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