Okla. Stat. » Title 12 — CIVIL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 12, § 2 (2026)

Force of common law

✓ current as of July 2026
Find cases: SyfertCases citing this section OK-LEGoklegislature.gov JustiaOkla. Stat. CornellLII Search CasesGoogle Scholar

The common law, as modified by constitutional and statutory law, judicial decisions and the condition and wants of the people, shall remain in force in aid of the general statutes of Oklahoma; but the rule of the common law, that statutes in derogation thereof, shall be strictly construed, shall not be applicable to any general statute of Oklahoma; but all such statutes shall be liberally construed to promote their object. R.L. 1910, § 4642.

Notes of Decisions
Cited in 103 cases (5 in the last 5 years), 1955–2026 · leading case: Torres v. Seaboard Foods, LLC, 2016 OK 20 (Okla. 2016).
Sort: Relevance Newest Treatment
Torres v. Seaboard Foods, LLC, 2016 OK 20 (Okla. 2016). · cites it 2× “2011 § 2): The common law, as modified by constitutional and statutory law, judicial decisions and the condition and wants of the people, shall remain in force in aid of the general statutes of Oklahoma, but the rule of the common law, that statutes in derogation thereof, shall…”
Badillo v. Mid Century Ins. Co., 2005 OK 48 (Okla. 2005). · cites it 2× “Courts may expand tort law within the confines of either rubric or, as it is the case with the Christian tort, create a new tort independent of and dehors the two traditional common-law rubrics.”
Silver v. Slusher, 770 P.2d 878 (Okla. 1989). · cites it 3× “2d 548 [1972]; 12 O.S.1981 § 2, infra note 26. . See note 26, infra.”
Waggoner v. Town & Country Mobile Homes, Inc., 808 P.2d 649 (Okla. 1990). · cites it 4× “When the producer knows or should have known that its mobile home is unfit for use as a place of human habitation, this state's public policy should equally condemn the product's manufacture and its placement into the stream of commerce as it would if bodily injury had occurred.”
Kuykendall v. Gulfstream Aerospace Tech., 2002 OK 96 (Okla. 2002). · cites it 4× “[12] Both 12 O.S.2001 § 2 [13] and 25 O.S.2001 § 29 [14] require that statutes in derogation of the common law be liberally construed with a view to effecting their objects and to promoting justice.”
Davis v. Davis, 708 P.2d 1102 (Okla. 1985). · cites it 3× “1981 § 29; 12 O.S.1981 § 2; Roxana Petroleum Co. v. Cope, 132 Okl.”
Wright v. Grove Sun Newspaper Co., Inc., 873 P.2d 983 (Okla. 1994). · cites it 3× “12 O.S.1991 § 2. Its relevant terms provide: "The common law, as modified by constitutional and statutory law, judicial decisions and the condition and wants of the people, shall remain in force in aid of the general statutes of Oklahoma.”
Tate v. Browning-Ferris, Inc., 833 P.2d 1218 (Okla. 1992). · cites it 2× “12 O.S.1991 § 2. Its relevant terms provide: “The common law, as modified by constitutional and statutory law, judicial decisions and the condition and wants of the people, shall remain in force in aid of the general statutes of Oklahoma; .”
Lockhart v. Loosen, 1997 OK 103 (Okla. 1997). · cites it 2× “It only qualifies the act of transmitting a disease in terms of the actor's negligence or willfulness. [15] For an explanation of the common law's rank that is subordinate to legislation, see infra note 16.”
Doe v. The First Presbyterian Church U.S.A. of Tulsa, 2017 OK 106 (Okla. 2017). · cites it 2× “12 O.S.2011, § 2(4). ¶5 Additionally, I do not see how a tort could have occurred, when the plaintiff had a clear opportunity to avoid a risk that he knew was present.”
State v. Nelson, 2015 OK CR 10 (Okla. Crim. App. 2015). · cites it 3× “Title 12 O.S.2011, § 2 provides: "[t]he common law, as modified by constitutional and statutory law, judicial decisions and the condition and wants of the people, shall remain in force in aid of the general statutes of Oklahoma; but the rule of the common law, that statutes in…”
Nilsen v. Tenneco Oil Co., 614 P.2d 36 (Okla. 1980). · cites it 3× “Oklahoma, it is true, has adopted the common law doctrine of riparian rights (12 O.S.1971 § 2). Riparian in its strict sense is descriptive of the right attaching or belonging to land bordering, touching, or adjacent to a stream.”
Show all 103 citing cases →
— Okla. Stat. tit. 12, § 2(4) — 2 cases
Doe v. The First Presbyterian Church U.S.A. of Tulsa, 2017 OK 106 (Okla. 2017). “12 O.S.2011, § 2(4). ¶5 Additionally, I do not see how a tort could have occurred, when the plaintiff had a clear opportunity to avoid a risk that he knew was present.”
Doe v. The First Presbyterian Church U.S.A. of Tulsa, 2017 OK 106 (Okla. 2017).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.