Also known as: merger and bar · merger · bar · res judicata · claim preclusion · merger and bar doctrine
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A common law doctrine under which inchoate offenses such as solicitation, attempt, and conspiracy merge into the completed principal felony when the target crime is accomplished.
A common law doctrine under which inchoate offenses such as solicitation, attempt, and conspiracy merge into the completed principal felony when the target crime is accomplished.
Select any source to read its text and confirm it supports the definition.
A doctrine providing that a contract for the sale of real property merges into the deed upon the buyer's acceptance at closing, discharging contractual promises not embodied in the deed except in cases of fraud, mutual mistake, or collateral agreements.
Select any source to read its text and confirm it supports the definition.
A doctrine providing that a contract for the sale of real property merges into the deed upon the buyer's acceptance at closing, discharging contractual promises not embodied in the deed except in cases of fraud, mutual mistake, or collateral agreements.
Each sense below has its own examples, sources, and questions.
Marcus Mitchell asked his apprentice to steal catalytic converters from customer cars at the garage. After the apprentice completed the thefts, the prosecution charged Marcus only with the completed felony. The inchoate solicitation merged into the principal offense, so the separate misdemeanor charge was unavailable.
No. The completed felony remains fully prosecutable. The doctrine simply eliminates the separate misdemeanor charge for the preliminary inchoate conduct once the principal offense is accomplished.
Supporting sources
Mina Mehta contracted to buy a home from Mirage Hotels and required the seller to repair the roof before closing. At closing she accepted the deed that contained no repair language. After discovering leaks, Mina could not enforce the original contract promise because it had merged into the deed.
Milo Mason contracted to buy commercial property and obtained a separate written promise that the seller would maintain an adjacent parking lot. At closing he accepted the deed containing no parking language. Because the parking promise was collateral, the court held it survived merger and remained enforceable.
Mabel Morgan bought a lakeside lot after the seller assured her of riparian rights. After closing the deed proved silent on water access and the representation was mistaken. The court permitted rescission because mutual mistake prevented full merger of the contract into the deed.
Miles Montgomery signed a purchase agreement containing a merger clause stating the writing was the complete agreement. After closing, he attempted to enforce an oral promise about boundary fencing that was absent from the deed. The clause and merger doctrine together barred enforcement of the prior promise.
Maria Morales discovered after closing that the seller had concealed foundation cracks. Because the misrepresentation constituted fraud, her tort claim was not barred by the merger of the sales contract into the deed.
Merger occurs upon the buyer's acceptance of the deed at closing. At that moment unperformed contractual promises not contained in the deed are discharged unless an exception such as fraud applies.
Supporting sources
Yes. Merger does not bar claims based on fraud. The buyer may pursue the fraud claim even though the contract has merged into the deed.
Supporting sources
A merger clause reinforces the doctrine by confirming that the written contract supersedes prior negotiations. After closing it combines with the merger rule to limit enforcement of promises not reflected in the deed.
Supporting sources
…record or to copies to which the law gives a right, and not to executive discretion, the exalted station of the officer does not bar a citizen from asserting legal rights nor forbid the court to issue a mandamus for a duty not depending on executive discretion but on acts of Congress and general principles of law. This…