Ekeledo v. Amporful

In Ekeledo v. Amporful, 281 Ga. 817, 819 (1) (642 SE2d 20) (2007), the Supreme Court of Georgia indicated that this principle bars not only fraud claims based upon the alleged, pre-contract misrepresentations, but all tort claims based upon such misrepresentations, including claims for breach of fiduciary duty. Id. at 820 (2). See also Ainsworth v. Perreault (one who elects to affirm an agreement which contains a merger clause "is precluded from recovering damages based on misrepresentations made outside the contract") This is because "in essence, a merger clause operates as a disclaimer of all representations not made on the face of the contract." Ekeledo, supra, 281 Ga. at 819 (1).