Merger - sustany/dvg GitHub Wiki

Definition

In general, the act of�uniting separate things.� Specifically -

1.� In corporate law, the absorption of one corporation into another.� The surviving corporation acquires all the assets and liabilities of the corporation getting absorbed.� The joining of non-corporate entities such as associations may sometimes be called a merger as well.

2.� In civil procedure, the principle that a final judgment for the plaintiff brings together all claims involved in the lawsuit.� As a result, the plaintiff can only enforce the judgment awarded - and cannot bring any of the claims again because the award seems too small.� This effect of a final judgment is called merger.

3.� In criminal law, the absorption of a lesser included offense into a more serious offense if a defendant is charged with both.� The purpose of merger in criminal cases is the avoidance of double jeopardy.� See Merger doctrine.

4.� In property law, the absorption of a lesser estate (e.g., lease of�land) into a greater estate (e.g., fee simple ownership of�the same land) when both estates become property of the same person.

5.� In contract law, the absorption of an inferior form of contract into�a superior form of contract on the same subject matter.� Thus, an oral agreement discussing some business deal merges into the final written agreement on the same deal; any terms of the oral agreement usually cannot be enforced if contrary to the terms of the written agreement.� See Integration.

6.� In contract law, the modification of some duty or obligation -�often resulting from changes in surrounding circumstances or operative facts.