Merger and Breach
Learn about the parties’ remedies for breach of the sales contract, and how those remedies are affected by the merger doctrine.
In this lesson, we’ll learn about some of the details regarding performance and breach of sales contracts. We’ll also see how the merger doctrine affects the buyer’s remedies after the sale.
The key obligations of any sales contract are the seller’s obligation to deliver title and the buyer’s obligation to pay. These are called concurrent obligations because each party is required to perform only if the other party does the same. [Cohen v. Kranz, 189 N.E.2d 473 (N.Y. 1963).]
One party can...