What does a merger clause typically exclude from a contract?

A merger clause, also known as an integration clause, serves the primary purpose of indicating that the written contract represents the complete and final agreement between the parties involved. By including a merger clause in a contract, the parties intend to exclude any prior agreements, understandings, or negotiations that were made before the contract was signed. This means that any contemporaneous agreements or discussions that took place at the same time as the execution of the contract would generally not be considered part of the contract itself, thereby signaling that only the statements contained within the written document are to be deemed enforceable.

Choosing "contemporaneous agreements" reflects this principle, as it identifies those agreements or understandings that might have been made at the same time the contract was executed. The presence of a merger clause means that such contemporaneous agreements cannot be used to modify or interpret the contract beyond what is explicitly stated within it.

On the other hand, prior negotiations are typically excluded as well, but they occur before the contract's execution. Written amendments would not be excluded because they are relevant to changes made after the contract's inception. Nullification upon breach refers to the legal consequence of a breach of contract and does not pertain to the integration of terms within the contract structure itself.

Thus,