Also known as: rule of merger · merger rule · merger rules · merger doctrine
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An inchoate-offense doctrine under which solicitation, attempt, and conspiracy are treated as misdemeanors in their preliminary form. Completion of the principal offense causes the inchoate conduct to merge into the felony so that only the completed crime supports felony liability.
An inchoate-offense doctrine under which solicitation, attempt, and conspiracy are treated as misdemeanors in their preliminary form. Completion of the principal offense causes the inchoate conduct to merge into the felony so that only the completed crime supports felony liability.
Select any source to read its text and confirm it supports the definition.
A contract doctrine under which a purchase agreement merges into the deed upon delivery and closing. Contractual promises relating to title are extinguished while covenants concerning matters other than title remain independently enforceable absent clear contrary intent.
Select any source to read its text and confirm it supports the definition.
A contract doctrine under which a purchase agreement merges into the deed upon delivery and closing. Contractual promises relating to title are extinguished while covenants concerning matters other than title remain independently enforceable absent clear contrary intent.
Each sense below has its own examples, sources, and questions.
Roberto Reyes shoved a shopper aside while seizing her purse during a store theft. The state charged him with both battery and robbery arising from the single transaction. Because the misdemeanor formed part of the conduct constituting the felony, the battery merged into the robbery. The prosecution may pursue only the greater offense.
Yes. At common law a misdemeanor that formed part of the conduct constituting a felony merged into the felony when both offenses arose from the same act or transaction. The prosecution may pursue the greater offense but cannot obtain separate convictions for both.
Supporting sources
Rachel Ramirez sold an office building to Riverfront Developments under a contract requiring a pre-closing cooling-system upgrade. At closing she delivered a warranty deed silent on the upgrade. After closing Riverfront discovered the system had not been upgraded. Because the promise related to the physical condition of the property and was not restated in the deed, the contractual obligation did not merge and remained enforceable.
Yes. Under the merger doctrine the contract merges into the deed upon delivery and closing. Contractual promises relating to the physical condition of the property do not merge into the deed absent clear intent and thus remain independently enforceable after closing.
Supporting sources
Yes. An express merger clause reinforces that the written contract is the complete agreement. After closing the clause together with the deed's silence precludes enforcement of prior promises not incorporated into the deed.
Supporting sources