Legal Definitions - legal demand

A legal demand is a formal, often written, request made by one party to another, asserting a right and requiring the recipient to perform a specific action or refrain from an action, usually within a specified timeframe. It serves as a formal notification of an obligation or a claim, often preceding legal action if the demand is not met.

Here are some examples illustrating a legal demand:

• Example 1: Debt Collection

  A small business, "Tech Solutions Inc.," completed a website design project for a client, "Creative Marketing LLC," but has not received payment for the final invoice, which is now 60 days overdue. Tech Solutions Inc. sends a formal letter to Creative Marketing LLC, detailing the services rendered, the outstanding amount, the original payment terms, and a clear deadline (e.g., 15 days) for payment. The letter also states that if payment is not received by the deadline, Tech Solutions Inc. will pursue legal action to recover the debt.

  This letter is a legal demand because it formally asserts Tech Solutions Inc.'s right to payment for services rendered, clearly specifies the action required (payment of the outstanding invoice), sets a deadline, and indicates the potential for legal consequences if the demand is not met.

• Example 2: Contractual Performance

  A homeowner hired a contractor to build an extension, with a completion date specified in the contract. The contractor has significantly delayed the project and missed the agreed-upon deadline without valid justification. The homeowner's attorney sends a letter to the contractor, referencing the specific clauses of the contract that have been breached, demanding immediate resumption and completion of the work within a new, reasonable timeframe (e.g., 30 days), and reserving the right to claim damages for the delay if the demand is not met.

  This communication constitutes a legal demand as it formally notifies the contractor of their contractual breach, asserts the homeowner's right to contract performance, requires a specific action (completion of work), and sets a deadline, indicating the homeowner's intent to enforce their contractual rights.

• Example 3: Return of Property

  Sarah lent her antique violin to a fellow musician, Mark, for a specific performance, with the understanding that it would be returned immediately afterward. Several months have passed, and despite repeated verbal requests, Mark has not returned the violin. Sarah's lawyer sends a certified letter to Mark, clearly identifying the violin, stating the date it was lent, and formally demanding its immediate return by a specific date (e.g., within 7 days). The letter warns that failure to return the violin will result in legal proceedings to recover the property and seek compensation for its loss of use.

  This letter serves as a legal demand because it formally asserts Sarah's ownership rights, requires Mark to perform a specific action (return the violin), sets a deadline, and clearly communicates the intention to pursue legal remedies if the demand is not satisfied.