Also known as: legal demands · demand
Written by attorneys · grounded in primary & secondary sources — see below
A lawful demand made by an authorized person.
Legacy Motors' bylaws are silent on record dates. The board fixes a date to identify which shareholders may validly demand a special meeting. Shareholders who acquire stock after that date cannot join the demand even though they later hold shares.
Lumen Capital hires Liam Larson to build a warehouse by a fixed date. After Larson misses two milestones and stops ordering materials, Lumen Capital demands written assurance that he will finish on time and suspends its next progress payment until assurance arrives.
Select any source to read its text and confirm it supports the definition.
Lucia Lopez, a member of a member-managed LLC, believes the managers diverted funds. She first sends a written demand to the other members asking them to cause the LLC to sue. When they take no action within a reasonable time, she files a derivative suit.
A person charged with felony theft in State A flees to State B. The governor of State A issues an executive demand for the fugitive's return. State B must deliver the person once the demanding state's authority is properly shown.
Luna Lang borrows Leah Lamb's camera for a day and refuses to return it. Leah sends a formal demand for immediate possession. Once the demand is made, Leah becomes entitled to sue for trespass to chattels if the camera is not returned.
Loyal Insurance seeks a permit to expand its headquarters. The city demands dedication of a strip of land for a bike path as a condition. The city must show the dedication is roughly proportional to the traffic impact of the expansion.
A demand qualifies as legal when it is made by a person or entity with authority to assert the underlying right and follows any required formalities such as writing or timing.
Supporting sources
The demand need only be reasonable under the circumstances and give the obligor a fair opportunity to respond. No particular wording or medium is mandated by the rule.
A demand is excused if it would be futile because the managers or members are conflicted or have already refused to act.
Only shareholders of record on the date fixed by the board or bylaws may validly join the demand. Later acquirers are excluded.
A demand converts a person who may become entitled to immediate possession into one who is presently entitled, triggering potential liability if the chattel is not returned.
…of the patient," "sound clinical judgment," and "informed patient consent," in contrast to "mere acquiescence to the patient's demand." The resolutions asserted that abortion is a medical procedure that should be performed by a licensed physician in an accredited hospital only after consultation with two other physicians…