68-3-2 - Statutes in derogation of common law not strictly construed -- Rules of equity prevail. - Utah Statutes

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68-3-2. Statutes in derogation of common law not strictly construed -- Rules ofequity prevail.
(1) The rule of the common law that a statute in derogation of the common law is to bestrictly construed does not apply to the Utah Code.
(2) A statute of the Utah Code establishes the law of this state respecting the subjects towhich the statute relates.
(3) Each provision of, and each proceeding under, the Utah Code shall be construed witha 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 inreference to the same matter, the rules of equity prevail.

Amended by Chapter 254, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-68 > Chapter-03 > 68-3-2

68-3-2. Statutes in derogation of common law not strictly construed -- Rules ofequity prevail.
(1) The rule of the common law that a statute in derogation of the common law is to bestrictly construed does not apply to the Utah Code.
(2) A statute of the Utah Code establishes the law of this state respecting the subjects towhich the statute relates.
(3) Each provision of, and each proceeding under, the Utah Code shall be construed witha 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 inreference to the same matter, the rules of equity prevail.

Amended by Chapter 254, 2010 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-68 > Chapter-03 > 68-3-2

68-3-2. Statutes in derogation of common law not strictly construed -- Rules ofequity prevail.
(1) The rule of the common law that a statute in derogation of the common law is to bestrictly construed does not apply to the Utah Code.
(2) A statute of the Utah Code establishes the law of this state respecting the subjects towhich the statute relates.
(3) Each provision of, and each proceeding under, the Utah Code shall be construed witha 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 inreference to the same matter, the rules of equity prevail.

Amended by Chapter 254, 2010 General Session