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Also called an advocacy letter, a demand letter is meant to persuade someone to take action favorable to the interests of the client or cease acting in a manner that is detrimental to the client. It may be as simple as demanding payment on a debt or as complex as requesting that a course of conduct be taken such as rehiring an employee. Your task is to advocate for a client to demand that a refund be issued, or an item be repaired for a client. Instructions/scenario: A client, Mrs. Tatum, purchased a new microwave oven from Inki Appliances Company. No written or oral warranty was given when the sale was made. The microwave stopped working one week after Mrs. Tatum took it home. She returned the microwave three days after it stopped working. The owner of the Inki Appliances Company refused to repair or replace the microwave or give Mrs. Tatum her money back. Prepare a two-page demand letter (no more or less than that) to be sent to Inki Appliances. The letter is to be signed by your supervising attorney, Alice Black. Mr. Terry Spear is the president of Inki Appliances Company, and the address is 1001 Maple Drive, Friendly, NW, 00065. Chapter 19 (specifically pages 536-540) of the Putman and Albright text provide specific guidelines and examples to guide you. Draw from these laws to support and make your argument: Statutory Law: Section 50-102-314 of the New Washington statutes provides that “a warranty that the goods shall be merchantable is implied…if the seller is a merchant with respect to the goods of that kind.” Mr. Terry Spear is a merchant. Mrs. Tatum did not misuse the microwave or in any other way to cause it to quit working. Case Law: The case on point is Smith v. Appliance City, 56 N. Wash. 162, 868 N. E. 997 (1996). In Smith, the New Washington supreme court ruled that the seller has three options when an implied warranty is breached: return the purchase price to the buyer, repair the merchandise, or replace the merchandise. A sample demand letter from a previous class is attached below. This is just a sample and not a perfect model. Plagiarizing this document can have serious consequences.
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