Demand Letter (Breach of Contract)

Summary

This precedent is an example of a demand letter regarding a breach of contract and can be used prior to commencing litigation. It contains practical guidance and drafting notes. A demand letter is a common document in pre-litigation correspondence. Prior to commencing litigation, counsel should consider drafting a demand letter, which sets out the nature of the client’s particular grievance and a requirement that the opposing party meet the client’s demand, either by way of payment, doing something or ceasing and desisting from performing an activity. A demand letter is an effective way to signal to an opposing party the nature of the claim that you anticipate commencing. It is therefore important that a demand letter set out a summary of the relevant facts and an explanation how this set of facts gives rise to a claim. You should not provide any more detail than is necessary to make your point. For a discussion of related issues, see the practice notes: To Litigate, Mediate or ...