SOUND TECHNIQUES, INC. v. HOFFMAN

No. 98-P-1316.

50 Mass. App. Ct. 425 (2000)

SOUND TECHNIQUES, INC. v. BARRY D. HOFFMAN, trustee.

Court of Appeals of Massachusetts, Suffolk.

November 3, 2000.


Attorney(s) appearing for the Case

Charles K. Mone (Leonard B. Zide with him) for the defendant.

Evan Slavitt for the plaintiff.

Present: PERRETTA, KASS, & LENK, JJ.


PERRETTA, J.

In Bates v. Southgate, 308 Mass. 170, 182 (1941), the court held that "contracts or clauses attempting to protect a party against the consequences of his own fraud are against public policy and void where fraud inducing the contract is shown...." This appeal brings before us the question whether Bates applies with equal force when a party enters into a contract containing such a clause, commonly referred to as a merger clause, an...

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