Legal Definitions - incidental demand

An incidental demand refers to a legal claim or request that is secondary to, but directly arises from or is closely connected to, the main subject matter of a lawsuit or legal action. It is not the primary reason for the legal proceeding itself, but rather a related issue that needs to be resolved alongside the principal claim.

• Imagine a business owner sues a supplier for failing to deliver a crucial component on time, causing the business to lose a major contract. The primary claim is for the lost profits due to the breach of contract.

  • How it illustrates the term: As an incidental demand, the business owner might also seek reimbursement for the expedited shipping costs they incurred trying to find an alternative component at the last minute. This demand for shipping costs is not the main reason for the lawsuit, but it directly resulted from the supplier's original failure and is therefore an incidental claim.

• Consider a landlord suing a tenant for unpaid rent and damages to the property after the tenant moved out. The primary claim is for the overdue rent and repair costs.

  • How it illustrates the term: An incidental demand in this scenario could be the landlord's request for payment of late fees as stipulated in the lease agreement. While the late fees are not the core reason for the lawsuit, they are a direct consequence of the tenant's failure to pay rent on time and are closely tied to the primary claim.

• Suppose a homeowner files a lawsuit against a construction company for significant structural defects found in a newly built house. The main demand is for the cost of repairing these major defects.

  • How it illustrates the term: An incidental demand could be the homeowner's request for compensation for temporary housing expenses they incurred while the house was uninhabitable due to the defects. These temporary living costs are not the primary subject of the lawsuit but are a direct and related consequence of the construction company's alleged negligence.