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Iowa Code § 4.2 (2026)

Common law rule of construction

✓ current as of July 2026
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The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. Its provisions and all proceedings under it shall be liberally construed with a view to promote its objects and assist the parties in obtaining justice. [C51, §2503; R60, §2622; C73, §2528; C97, §3446; C24, 27, 31, 35, 39, §64; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §4.2]

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Notes of Decisions
Cited in 126 cases (13 in the last 5 years), 1948–2026 · leading case: Orr v. Lewis Cent. Sch. Dist., 298 N.W.2d 256 (Iowa 1980).
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Orr v. Lewis Cent. Sch. Dist., 298 N.W.2d 256 (Iowa 1980). · cites it 6× “See § 4.2, The Code. The statute as amended expressly confers the right which claimant attempted to exercise.”
In the Matter of the Est. of Mary Florence Whalen, Michael Whalen, 827 N.W.2d 184 (Iowa 2013). · cites it 4× “Iowa Code § 4.2 . The plain language of chapter 144C, its interplay with related statutes, and its drafting history make clear the statute controls who decides the disposition of bodily remains.”
River Bend Farms, Inc. v. M & P Missouri River Levee Dist., 324 N.W.2d 460 (Iowa 1982). · cites it 12× “Iowa Code section 4.2 states: The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code.”
Slager v. HWA Corp., 435 N.W.2d 349 (Iowa 1989). · cites it 4× “" Iowa Code section 4.2 states, "The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code.”
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014). · cites it 4× “Iowa Code § 4.2 . Farm Bureau’s challenge is the exact situation contemplated by the statute.”
Cookies Food Prods., Inc. v. Lakes Warehouse Distrib., Inc., 430 N.W.2d 447 (Iowa 1988). · cites it 4× “2d 309, 314 (1961); Iowa Code § 4.2 (1987). Because the common law and section 496A.”
State v. Peterson, 347 N.W.2d 398 (Iowa 1984). · cites it 4× “2d at 440 ; see Iowa Code §§ 4.2 , 4.6(1), (5) (1983). The purpose of our habitual traffic offender statute is as clear-cut as it is important to the public welfare.”
Rodgers v. Baughman, 342 N.W.2d 801 (Iowa 1983). · cites it 4× “" Iowa Code § 4.2 (1983). We believe that like a statute of frauds the rule is intended to be available as a shield and not a sword.”
Hedges v. Conder, 166 N.W.2d 844 (Iowa 1969). · cites it 4× “[Citations] * * *" Code section 4.2 requiring a liberal construction in order to give effect to the purposes and objects statutes and ordinances seek to promote is further support for interpreting section 321.”
Optimal Interiors, LLC v. Hon Co., 774 F. Supp. 2d 993 (S.D. Iowa 2011). · cites it 6× “Section 4.2 of the Agreement created an express duty for the parties to jointly develop a Dealer Marketing Plan within sixty days of the execution of the Agreement, the implementation of which would “maximize the revenue potential” of the Agreement.”
Federated Mut. Implement & Hardware Ins. Co. v. Dunkelberger, 172 N.W.2d 137 (Iowa 1969). · cites it 4× “Section 4.2 Code 1966 provides “The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code.”
South Iowa Methodist Homes, Inc. v. Bd. of Review, 136 N.W.2d 488 (Iowa 1965). · cites it 8× “On the other hand, we are faced with an express legislative mandate to construe the "provisions and all proceedings" under the code "liberally" "with a view to promote its objects and assist the parties in obtaining justice.”
Show all 126 citing cases →
Iowa Code § 4.2(86): 1 case
Frost v. S. S. Kresge Co., 299 N.W.2d 646 (Iowa 1980).
Iowa Code § 4.2(C): 2 cases
McNertney v. Kahler, 710 N.W.2d 209 (Iowa 2006).
Donald Mcnertney, As Of The Est. Of Harold J. Mcnertney, Vs. Thomas Kahler, Charles Mcnertney, Intervenor-appellee. (Iowa 2006).
Iowa Code § 4.2(D): 1 case
Bartels v. Hennessey Bros., Inc., 164 N.W.2d 87 (Iowa 1969).
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