WESTERN DERMATOLOGY CONSULTANTS, P.C. v. VITALWORKS, INC., ET AL., 146 Conn. App. 169

Summary

HOLDINGS: [1]-The trial court erred in finding that defendant one breached its contract with plaintiff buyer for the purchase of software licenses, hardware, and support; as the contract was a "transaction in goods" under Conn. Gen. Stat. § 42a-2-102 governed by the UCC, plaintiff's failure to notify defendant of the breach in writing as required by Conn. Gen. Stat. § 42a-2-607(3) and the contract precluded its breach of contract suit; [2] Due to the contract's merger clause, the court erred in relying on parol evidence to find that defendant one had made an express warranty; [3] Defendant one's disclaimer of the implied warranties of merchantability and fitness was sufficiently conspicuous to effectively disclaim them; [4]-The court erred in finding that defendants violated CUTPA, as the "trade" or "commerce" practices at issue were not in "this state" under Conn. Gen. Stat. § 42-110b.