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

Utah Code § 68-3-2 (2026)

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

✓ current as of May 2026
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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.
A statute of the Utah Code establishes the law of this state respecting the subjects to which the statute relates.
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.
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.
Notes of Decisions
Cited in 43 cases, 1954–2018 · leading case: Retherford v. AT & T Commc'ns of the Mountain States, Inc., 844 P.2d 949 (Utah 1992).
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Retherford v. AT & T Commc'ns of the Mountain States, Inc., 844 P.2d 949 (Utah 1992). · cites it 5× “See Utah Code Ann. § 68-3-2 . Having determined that the UADA is the exclusive remedy for a claim of employer retaliation for complaints of employment discrimination, we turn to the question of whether Retherford's tort and contract claims come within the scope of the UADA’s…”
Bilanzich v. Lonetti, 2007 UT 26 (Utah 2007). · cites it 4× “Utah Code Ann. § 68-3-2 (2004). Thus, where the plain language of a statute works a result contrary to the common law, the legislature need not further clarify its intent for this court to give effect to the statute's plain meaning.”
Currier v. Holden, 862 P.2d 1357 (Utah Ct. App. 1993). · cites it 8× “" Utah Code Ann. § 68-3-2 (1986). See Provo City Corp.”
Gottling v. P.R. Inc., 2002 UT 95 (Utah 2002). · cites it 4× “Utah Code Ann. § 68-3-2 (1999); see Retherford v.”
Ellis v. Est. of Ellis, 2007 UT 77 (Utah 2007). · cites it 4× “Utah Code Ann. § 68-3-2 (2004). 37 . Stoker, 616 P.”
State Farm Mut. Auto. Ins. Co. v. Mastbaum, 748 P.2d 1042 (Utah 1987). · cites it 4× “" The Court also pointed out that the statute was enacted in derogation of the common law and must therefore be liberally construed in order to meet its purpose and to promote justice.”
Colosimo v. Gateway Cmty. Church, 2018 UT 26 (Utah 2018). · cites it 2× “See Utah Code § 68-3-2(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.”
Derbidge v. Mut. Prot. Ins. Co., 963 P.2d 788 (Utah Ct. App. 1998). · cites it 6× “” Utah Code Ann. § 68-3-2 (1996). B. Case Law from Other States We acknowledge that “misrepresentation” has been variously defined in different contexts and that the definitions offered by Der- *792 bidge and MPIC both seem plausible.”
In re Est. of William J. Hannifin, 2013 UT 46 (Utah 2013). · cites it 2× “; see UTAH CODE § 68-3-2(1) (―The rule of the common law that a statute in deroga- tion of the common law is to be strictly construed does not apply to the Utah Code.”
Taylor v. Patten, 275 P.2d 696 (Utah 1954). · cites it 8× “They are inviting fraud not only in the auto accident cases, but in other types such as divorce cases, where, after this decision becomes the law of Utah, there will be considerable temptation for some litigants to join in a divorce action, a healthy count for damages arising…”
Asset Acceptance LLC v. Utah State Treasurer, 2016 UT App 25 (Utah Ct. App. 2016). · cites it 4× “3d 958 , and thus ‚establishes the law of this state respecting the subjects to which *it+ relates,‛ Utah Code Ann. § 68-3-2 (2) (LexisNexis 2010).”
State v. Robertson, 886 P.2d 85 (Utah Ct. App. 1994). · cites it 8× “…under them are to be liberally construed with a view to effect the objects of the statutes and to promote justice.... Utah Code Ann. § 68-3-2 (1953).”
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— Utah Code § 68-3-2(1) — 4 cases
Colosimo v. Gateway Cmty. Church, 2018 UT 26 (Utah 2018). “See Utah Code § 68-3-2(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.”
In re Est. of William J. Hannifin, 2013 UT 46 (Utah 2013). “; see UTAH CODE § 68-3-2(1) (―The rule of the common law that a statute in deroga- tion of the common law is to be strictly construed does not apply to the Utah Code.”
In re Est. of William J. Hannifin, 2013 UT 46 (Utah 2013).
In re Est. of William J. Hannifin, 2013 UT 46 (Utah 2013).
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