Utah Code » Title 68, Chapter 3 — Construction
Utah Code

Utah Code § 68-3-1 (2026)

Common law adopted

✓ current as of May 2026
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

The common law of England so far as it is not repugnant to, or in conflict with, the constitution or laws of the United States, or the constitution or laws of this state, and so far only as it is consistent with and adapted to the natural and physical conditions of this state and the necessities of the people hereof, is hereby adopted, and shall be the rule of decision in all courts of this state.

Notes of Decisions
Cited in 29 cases (5 in the last 5 years), 1954–2026 · leading case: Craftsman Builder's Supply, Inc. v. Butler Mfg. Co., 1999 UT 18 (Utah 1999).
Sort: Relevance Newest Treatment
Craftsman Builder's Supply, Inc. v. Butler Mfg. Co., 1999 UT 18 (Utah 1999). · cites it 12× “2 1898, title 65, § 2488 (currently codified at Utah Code Ann. § 68-3-1 ). Even that statute qualifies the common law adoption, stating: The common law of England so far as it was not repugnant to, or in conflict with, the constitution or laws of the United States, or the…”
State v. Dunn, 850 P.2d 1201 (Utah 1993). · cites it 4× “[10] See Utah Code Ann. § 68-3-1 . Although the common law requirement for the causation element of reckless manslaughter is not well developed in Utah, our case law does indicate that the linchpin of causation is whether the superseding party's acts were reasonably foreseeable.”
Hansen v. Utah State Ret. Bd., 652 P.2d 1332 (Utah 1982). · cites it 6× “The source of the common law power lies in the State's statutory adoption of the common law which has been in effect, except as modified by statute, since statehood.”
Bountiful City v. Baize, 2021 UT 9 (Utah 2021). · cites it 8× “Baize supports this proposition by reasoning that the “common law [is] the rule of decision in Utah courts,” citing Utah Code section 68-3-1. Baize misemploys that statute.”
Hackford v. Utah Power & Light Co., 740 P.2d 1281 (Utah 1987). · cites it 4× “1907, § 2488; Utah Code Ann. § 68-3-1 (1986). In 1898, the Utah legislature also passed the Married Woman's Act, which provides in pertinent part: There shall be no right of recovery by the husband on account of personal injury or wrong to his wife, or for expenses connected…”
Daniels v. Gamma West Brachytherapy, LLC, 2009 UT 66 (Utah 2009). · cites it 2× “The asymmetrical relationship between doctors and patients imposes on doctors the responsibility to observe common law requirements of all fiduciary duties unless those duties are abrogated by statute.”
Cahoon v. Pelton, 342 P.2d 94 (Utah 1959). · cites it 12× “He further contends that by Section 68-3-1, U.C.A. 1953, [10] we adopted the common law of England, together with the statutes in effect in 1898, when that statute was originally enacted.”
Jenkins v. Percival, 962 P.2d 796 (Utah 1998). · cites it 4× “2d 1332, 1337 (Utah 1982); see also Utah Code Ann. § 68-3-1 (adopting *803 common law of England "so far as it was not repugnant to, or in conflict with, the constitution or laws of .”
State v. Robertson, 886 P.2d 85 (Utah Ct. App. 1994). · cites it 8× “2d 1332, 1337 (Utah 1982); see Utah Code Ann. § 68-3-1 (1993); State v. Jimenez, 588 P.”
Spackman Ex Rel. Spackman v. Bd. of Educ., 2000 UT 87 (Utah 2000). · cites it 2× “See Utah Code Ann. § 68-3-1 (1996) 8 Under the common *538 law, "individuals had access to remedies of money damages for violations of their individual rights, and these rights, enumerated in fundamental documents, were the forerunners of many of the provisions adopted in…”
In re Gray & Rice, 2021 UT 13 (Utah 2021). · cites it 2× “3d 533 ; see also UTAH CODE § 68-3-1 (adopting the common law of England); State v.”
MacArthur v. San Juan Cnty., 416 F. Supp. 2d 1098 (D. Utah 2005). · cites it 2× “See Utah Code Ann. § 68-3-1 (1996). Under the common law, "individuals had access to remedies of money damages for violations of their individual rights, and these rights, enumerated in fundamental documents, were the forerunners of many of the provisions adopted in federal and…”
Show all 29 citing cases →
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.