Legal Definitions - demand

In a legal context, a demand refers to a formal and often forceful request or assertion of a right, typically made by one party to another with the expectation of compliance. It signifies a clear communication that a specific action is required, an obligation must be met, or a legal right is being claimed. Demands often serve as a preliminary step before initiating formal legal proceedings, aiming to resolve a dispute or secure an entitlement without immediate court intervention.

• Example 1 (Demand for Payment of a Debt):

  A freelance graphic designer, Maria, completed a logo design project for a startup company, but the company failed to pay her invoice by the agreed-upon due date. Maria's attorney sends the startup a demand letter, formally requesting payment of the outstanding balance within 14 days and indicating that legal action will be pursued if the payment is not received.

  Explanation: This illustrates a demand as a formal request for monetary restitution. Maria is asserting her legal right to be paid for services rendered, and the letter serves as a clear, forceful communication of this expectation before escalating to a lawsuit.

• Example 2 (Demand for Specific Performance or Action):

  A homeowner, Mr. Henderson, discovered that a construction company he hired for a renovation project used substandard materials and failed to complete several agreed-upon tasks. Mr. Henderson's lawyer sends a demand letter to the construction company, demanding that they return to the property to rectify the faulty work and complete all outstanding items according to the contract within a specified timeframe.

  Explanation: Here, the demand is a formal request for specific performance—that the construction company fulfill its contractual obligations. It's an assertion of Mr. Henderson's right to receive the quality of work he paid for, aiming to resolve the breach of contract without going to court immediately.

• Example 3 (Demand within a Legal Process):

  During a civil lawsuit concerning a property dispute, the plaintiff's attorney files a demand for production of documents with the court, requiring the defendant to provide copies of all relevant property deeds, survey reports, and communication records related to the disputed land.

  Explanation: This example shows a demand as the assertion of a procedural right within an ongoing legal case. The attorney is formally requesting specific information that is legally discoverable, which the other party is obligated to provide under court rules to facilitate the legal process.