Saturday, November 14, 2009
Integration Clause: Purpose and Effect of Merger Clause in Contracts
"ENTIRE AGREEMENT" CLAUSE & THE PAROL EVIDENCE RULE
The purpose of an integration clause is to invoke the parol evidence rule when appropriate. Burleson State Bank v. Plunkett, 27 S.W.3d 605, 615 (Tex. App.-Waco 2000, pet. denied).
An unambiguous contract will be enforced as written, and parol evidence will not be received for the purpose of creating an ambiguity or to give the contract a meaning different from that which its language imparts. See David J. Sacks, P.C. v. Haden, 266 S.W.3d 447, 450 (Tex. 2008).
SOURCE: 13-08-00264-CV (Thirteenth Court of Appeals) (November 12, 2009) (agreement contained an integration clause, providing that the written agreement constituted the entire agreement between the parties)
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I read a recent case re: Mediated Settlement Agreement pusuant to Section 6 of the Family Code? MSA was to result in an AID. The Decree contained specific "Merger" language... "MSA and AID merge into Decree... which controls in all differences". New trial granted, 2nd Decree has no AID, does not reference MSA, leaves out the "Merger" agreement of parties... and some terms of MSA. Ruling was terms of MSA not revoked can be pursued as contract enforement. I am looking for that again to verify the above. Any help?
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