(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.

Terms Used In Utah Code 68-3-2

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
(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.

Amended by Chapter 254, 2010 General Session