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Simple English definitions for legal terms
Merger
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A quick definition of Merger:
A merger is when two things come together to become one. This can happen in different ways, like when one company absorbs another company and takes over all their stuff. It can also happen in other areas of law, like when a court decision settles all the issues in a lawsuit, or when a person gets ownership of a bigger piece of land that includes a smaller piece they already had. In contracts, a merger can mean that an oral agreement becomes part of a written agreement, or that a duty or obligation changes because of new circumstances.
A more thorough explanation:
Definition: The act of combining separate things.
Examples:
- Corporate Law: When one company absorbs another company, it is called a merger. The surviving company takes over all the assets and liabilities of the company being absorbed.
- Civil Procedure: When a final judgment is made in a lawsuit, all claims involved in the lawsuit are brought together. This means that 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.
- Criminal Law: If a defendant is charged with both a lesser included offense and a more serious offense, the lesser included offense is absorbed into the more serious offense. This is done to avoid double jeopardy.
- Property Law: When a person owns both a lease of land and fee simple ownership of the same land, the lease is absorbed into the fee simple ownership.
- Contract Law: When an oral agreement discussing a business deal is merged into the final written agreement on the same deal, any terms of the oral agreement usually cannot be enforced if they are contrary to the terms of the written agreement.
- Contract Law: When a duty or obligation is modified due to changes in surrounding circumstances or operative facts, it is called a merger.
These examples illustrate how merger can refer to the combination of different things in various areas of law, such as corporate law, civil procedure, criminal law, property law, and contract law.