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Test #B - Law 17 - Instructions for the Legal Demand Letter  


1. Read the elements of a Business Letter


2. Here is sample of a business letter

3. Then use the following information to prepare a Demand Letter

Your client: Barebones Tarpy
Demand made to: Wallmart

In the demand letter set forth the legal rights of your client and which remedy he elects. (the facts and case and statutory law are fictional)


Facts: Assume your client,  purchased a new laptop computer from Walmart.  There was no written or oral warranty given when the sale was made. The computer heated up and exploded 3 days after your client took it home.  He returned the laptop computer four days after it exploded. The General Manager of Walmart refused to repair or replace the computer or to give your client his money back. Prepare a demand letter to the president and owner of Walmart demanding "repair/replacement or return of money' to your client.


Quote both the Statutory and Case Law in the body of your letter:


Relevant Law:


Statutory Law: Section 2324(a)(4) of the new Utah Consumer Protection 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." Assume that Wallmart is a merchant. Assume also that your client did not misuse the laptop computer or in any way cause it to quit working or to explode.


Case Law: The case on point is  Dillon v. Legg, 233 N. Utah 205, 291 N.E.  286 (1993). In the Dillon case, the Utah 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.


Use the following information to prepare your letter:


The supervisory attorney of your law firm where you work and who represent your client is  Ms. Miley Cirus, Attorney at Law. You are her paralegal. Please draft the letter for her signature.


Mr. Barry Bonds is the president and owner of Walmart

The Address of Walmart  is  7641 N. Boyle Street, Salt Lake City, Utah 84044


good luck. prof J.

updated: 2/26/14


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