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A demand letter, letter of demand, [1] (of payment), or letter before claim, [2] is a letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution or performance of some obligation, owing to the recipients' alleged breach of contract, or for a legal wrong.
Receiving numerous cease and desist letters may be very costly for the recipient. Each claim in the letters must be evaluated, and it should be decided whether to respond to the letters, "whether or not to obtain an attorney's opinion letter, prepare for a lawsuit, and perhaps initiate [in case of letters regarding a potential patent infringement] a search for alternatives and the development ...
An example is seen when a borrower might be sued for unlawfully refusing to return a borrowed article. [16] Bracton described an early case of detinue where three pigs were unlawfully detained from a woman. Ames regarded the action of detinue as essentially an action based upon contract, having its foundation in bailment.
grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person...". [ 49 ] This creates four forms of the offence: unlawfully and maliciously wounding, with intent to either do grievous bodily harm (1) or resist arrest (2); and unlawfully and maliciously causing grievous bodily harm ...
The demand guarantee bridges the "gap of distrust" that exists between the parties. When the bank issues the demand guarantee, the beneficiary deals with a party whose financial strength he can trust and a party which would pay upon first demand regardless of an existing dispute between the parties on the performance of the underlying contract. [5]
Unlawful and illegal acts. Unlawful contracts, illegal ownership and illegal activities on the part of the plaintiff can be a defense to an action in conversion. A counterfeit coin cannot be converted, nor can a note issued in an illegal manner. [169] Waiver, ratification and estoppel. An action in conversion can be dismissed if the right to ...