Legal Definitions - want of amicable demand

In Louisiana law, want of amicable demand is a specific legal defense raised by a defendant in a lawsuit. It means the defendant is arguing that the person who filed the lawsuit (the plaintiff) failed to make a reasonable attempt to resolve the dispute informally or amicably before taking the matter to court.

Essentially, the defendant claims they were not given an opportunity to address the issue, discuss a resolution, or settle the matter out of court before formal legal action was initiated. If a court agrees that there was a "want of amicable demand," it might delay the lawsuit or even dismiss it, requiring the plaintiff to first make such an amicable request before they can proceed with litigation.

Here are a few examples illustrating this concept:

• Scenario: Unpaid Invoice

  A small graphic design firm completes a project for a client. The client, due to an oversight, misses the payment deadline. Instead of sending a reminder email, making a phone call, or issuing a formal demand letter for payment, the graphic design firm immediately files a lawsuit against the client for the unpaid invoice.

  Explanation: The client could raise the defense of want of amicable demand. They would argue that the design firm never attempted to contact them about the overdue payment or provide an opportunity to settle the debt before initiating legal proceedings, making the lawsuit premature.

• Scenario: Property Boundary Dispute

  Two neighbors share a property line. One neighbor believes the other has encroached slightly onto their land with a new garden shed. Without ever speaking to the neighbor, sending a letter, or suggesting mediation to resolve the perceived encroachment, the aggrieved neighbor immediately files a lawsuit seeking the shed's removal.

  Explanation: The neighbor who built the shed could invoke want of amicable demand. They would contend that the plaintiff never approached them to discuss the property line issue or seek an amicable resolution before resorting to court action.

• Scenario: Damaged Goods Delivery

  A furniture store receives a shipment of custom-made chairs, and upon inspection, finds several are damaged. Instead of contacting the furniture manufacturer to report the damage, request replacements, or seek a refund, the store immediately files a lawsuit for breach of contract and damages.

  Explanation: The furniture manufacturer could use the want of amicable demand defense. They would assert that the store never informed them of the damaged goods or gave them a chance to rectify the situation (e.g., by offering replacements or a discount) before initiating a lawsuit.