Merger in United States

Merger Definition

The absorption of a thing of lesser importance by a greater, whereby the lesser ceases to exist, but the greater is not increased. There appears to be a distinction recognized by most of the authorities between a merger, strictly speaking, and a consolidation, but the terms are not always used with strict accuracy. 256 111. 522. In Estates. When a greater estate and less coincide and meet in one and the same person, without any intermediate estate, the less is immediately merged, that is, sunk or drowned, in the latter. For example, if there be a tenant for years, and the reversion in fee simple descends to or is purchased by him, the term of years is merged in the inheritance, and no longer exists; but they must be to one and the same person, at one and the same time, in one and the same right. 2 Bl. Comm. 177; Latch, 153; Poph. 166; 6 Madd. 119; 1 Johns. Ch. (N. Y.) 417; 3 Johns, Ch, (N. Y.) 53; 3 Mass. 172. In Contracts. Merger, in the law of contracts, is the absorption or extinguishment of a security of a lower legal degree in another of a higher legal degree. 120 111. App. 554. Of Rights. Rights or demands merged in a judgment for their enforcement (65 Ind. 243; 25 Pa. St. 200; 41 Mo. 205), or in a security of a higher nature (10 Iowa, 443; 14 Mo. 450). Rights are also said to be merged when the same person who is bound to pay is aUo entitled to receive. 117 111. 338. This is more properly called a confusion of rights, or extinguishment. In Torts. Where a person, in committing a felony, also commits a tort against a private person, the wrong was, under the old law, sunk in the felony, and, by modern law, is suspended until after the felon’s conviction. 1 Chit. Prac. 10. The rule is generally changed by statute. In Crimes. At common law, if an act included several offenses of different degree (i. e., misdemeanors and felony), the misdemeanors merged in the felony (5 Mass. 106; 1 Mich. 217; 26 N. J. Law, 213) ; but if the offenses were of the same grade, there was no merger, and the prosecution might elect on which to prosecute (48 Me. 238; 4 Wend. [N. Y.] 265; 93 Fed. 452). The doctrine of merger of offenses is now repudiated in England (11 Q. B. 929), and in some of the United States (57 Conn. 461; 51 Minn. 382).

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Legal Issue for Attorneys

The absorption of a thing of lesser importance by a greater, whereby the lesser ceases to exist, but the greater is not increased. There appears to be a distinction recognized by most of the authorities between a merger, strictly speaking, and a consolidation, but the terms are not always used with strict accuracy. 256 111. 522. In Estates. When a greater estate and less coincide and meet in one and the same person, without any intermediate estate, the less is immediately merged, that is, sunk or drowned, in the latter. For example, if there be a tenant for years, and the reversion in fee simple descends to or is purchased by him, the term of years is merged in the inheritance, and no longer exists; but they must be to one and the same person, at one and the same time, in one and the same right. 2 Bl. Comm. 177; Latch, 153; Poph. 166; 6 Madd. 119; 1 Johns. Ch. (N. Y.) 417; 3 Johns, Ch, (N. Y.) 53; 3 Mass. 172. In Contracts. Merger, in the law of contracts, is the absorption or extinguishment of a security of a lower legal degree in another of a higher legal degree. 120 111. App. 554. Of Rights. Rights or demands merged in a judgment for their enforcement (65 Ind. 243; 25 Pa. St. 200; 41 Mo. 205), or in a security of a higher nature (10 Iowa, 443; 14 Mo. 450). Rights are also said to be merged when the same person who is bound to pay is aUo entitled to receive. 117 111. 338. This is more properly called a confusion of rights, or extinguishment. In Torts. Where a person, in committing a felony, also commits a tort against a private person, the wrong was, under the old law, sunk in the felony, and, by modern law, is suspended until after the felon’s conviction. 1 Chit. Prac. 10. The rule is generally changed by statute. In Crimes. At common law, if an act included several offenses of different degree (i. e., misdemeanors and felony), the misdemeanors merged in the felony (5 Mass. 106; 1 Mich. 217; 26 N. J. Law, 213) ; but if the offenses were of the same grad
e, there was no merger, and the prosecution might elect on which to prosecute (48 Me. 238; 4 Wend. [N. Y.] 265; 93 Fed. 452). The doctrine of merger of offenses is now repudiated in England (11 Q. B. 929), and in some of the United States (57 Conn. 461; 51 Minn. 382).

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This definition of Merger is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

The fusion of one interest into another.

Corporate Merger

The absorption of one or more corporations by another existing corporation (in U.S. law) . The latter corporation retains its identity and takes over all the rights, privileges, franchises, and properties of the absorbed companies and assumes their obligations. (See also consolidation of corporations (in U.S. law).)

Criminal law

The absorption of a lesser crime into a greater one. As examples, the crime of attempt (in U.S. law) disappears once the attempted act is completed; when a person commits a felony (in U.S. law) and also a tort (in U.S. law) against someone by the same act, some states merge the tort into the felony and thereby prevent the civil suit.

Contracts

Oral agreements and proposals merge in a subsequent written contract (in U.S. law) that deals with the same subject matter.

(Revised by Ann De Vries)

What is Merger?

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