Statutes in derogation of common law not strictly construed -- Rules of equity prevail.

Checkout our iOS App for a better way to browser and research.


  • (1) The rule of the common law that a statute in derogation of the common law is to be strictly construed does not apply to the Utah Code.
  • (2) A statute of the Utah Code establishes the law of this state respecting the subjects to which the statute relates.
  • (3) Each provision of, and each proceeding under, the Utah Code shall be construed with a view to effect the objects of the provision and to promote justice.
  • (4) When there is a conflict between the rules of equity and the rules of common law in reference to the same matter, the rules of equity prevail.




Download our app to see the most-to-date content.