Gupta v. New Britain General Hospital
In Gupta v. New Britain General Hospital, 239 Conn. 574, 592-93, 687 A.2d 111 (1996) the Court stated that a student contesting dismissal from an educational program could pursue an action for breach of contract only under one of two circumstances.
To succeed, the student would have to make a showing that "the educational program failed in some fundamental respect, as by not offering any of the courses necessary to obtain certification in a particular field" or that "the educational institution failed to fulfill a specific contractual promise distinct from any overall obligation to offer a reasonable program." Gupta v. New Britain General Hospital, supra, 239 Conn. at 592-93.
The Court joined the vast majority of states that have rejected educational malpractice claims sounding in tort.
The Gupta court further stated that the "jurisprudential considerations that shed doubt on the viability of the tort of educational malpractice also inform our analysis of a contract claim based on inadequate educational services." Id., 591.
The court noted, however, that a cause of action for institutional breach of contract for educational services exists in at least two situations. Id., 592.