Also known as: mergers · consolidation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The common-law doctrine under which an inchoate offense merges into the completed principal offense once the target crime is accomplished.
The common-law doctrine under which an inchoate offense merges into the completed principal offense once the target crime is accomplished.
Malcolm McKinley asked an acquaintance to rob a convenience store. The acquaintance completed the robbery. Malcolm faced charges only for the completed robbery because the solicitation merged into the felony at common law.
The doctrine under which a contract for the sale of real property merges into the deed upon delivery and acceptance at closing, discharging contractual promises not embodied in the deed except in cases of fraud, mutual mistake, or collateral promises.
Monica Morgan contracted to buy a home from Matrix Technologies and required the seller to repair the roof before closing. After accepting the deed at closing, Monica discovered the roof still leaked. She could not sue on the contract because the promise merged into the deed.
Maria Morales sold land to Megan Moore under a contract promising clear title and a working septic system. At closing the deed contained only title covenants. After closing Megan discovered the septic system failed. She could enforce the septic promise because covenants concerning physical condition do not merge into the deed.
The doctrine under which a contract for the sale of real property merges into the deed upon delivery and acceptance at closing, discharging contractual promises not embodied in the deed except in cases of fraud, mutual mistake, or collateral promises.
Each sense below has its own examples, sources, and questions.
At common law the inchoate offenses of solicitation, attempt, and conspiracy merge into the completed principal offense once the target crime is accomplished.
Marcus Miller sold acreage to Martha Mason under a contract that separately promised to build a boundary fence within six months. The deed delivered at closing contained no mention of the fence. After closing Marcus refused to build it. Martha could still sue on the fence promise because it was collateral and did not merge into the deed.
Melanie Morris signed a purchase contract containing a merger clause and later accepted the deed. She then sought to enforce an oral promise about boundary fencing that was never placed in the deed. The clause and merger doctrine prevented enforcement of the oral promise.
Millennium Media sold property to Malcolm McKinley after concealing a known foundation crack. The contract merged into the deed at closing. Malcolm still sued successfully for fraud because merger does not bar claims based on fraud.
Merger does not bar claims based on fraud. A buyer who accepts a deed may still pursue a fraud claim even though contractual promises merge into the deed.
Promises that are collateral to the transfer or that concern matters other than title may survive merger. Courts examine the parties' intent and the nature of the promise to decide survival.
A merger clause states that the written contract is the complete agreement. After closing the clause together with the merger doctrine limits enforcement of prior oral or written promises not reflected in the deed.
…conditions of death in ways that may be alarming: Highly invasive treatment may perpetuate human existence through a merger of body and machine that some might reasonably regard as an insult to life rather than as its continuation. But those same advances, and the reorganization of medical care accompanying the…