DEMAND. A technical term of the common law, signifying a legal claim or obligation. It is defined by Lord Coke as "a term of law, of an extent greater in its signification than any other word except claim" (Co. Lit. 291). In addition to the claims enforceable by actions, such as Con tracts, debts, obligations, etc., it includes, as well. all rights enforceable by entry. by seizure of goods, or by any other act. A release of all demands, therefore, is the most comprehensive release that can be given. The usual form of 'general release,' as it is called, is to release "all claims and demands whatsoever." See RELEASE.
The term demand is also employed in law in a narrower sense, derived from its general sig nification of a request, or summons, addressed to another in legal form, calling upon him to perform a legal duty which he owes to the de mandant. Such a demand is frequently neces sary to fix an inchoate legal obligation and to entitle the claimant to bring an action for its enforcement. Thus. under ordinary circum stances, no right of action arises for a breach of promise to marry unless a previous demand can be shown, and the same is true of all con tract obligations in which the time of perform ance is not definitely fixed. as well as of others in which the time is not a material element. So, in other classes of rights. a demand and its re fusal are frequently neeessary to give to a wrong ful act the sharpness and definiteness requisite to make a legal remedy available. For example,
where goods are wrongfully detained by a finder, or by any other person whose original possession thereof was lawfully acquired, he must refuse a demand for them before he becomes liable in trover for a conversion; and so. before abating it nuisanee, either personally or by action, a de mand must usually be made upon the person maintaining it.
There are other eases in which. though a definite default has berm made, entitling the in jured party to sue without further notice, a demand for performance may yet lie necessary to enable him to avail himself of sonic more drastic remedy; in the case of a failure to pay rent at the stipulated time, though an action Will lie for the breaeli of contract, the landlord cannot enter for breach of condition and put an end to the lease without previous demand. It should be added that, in all cases in which a demand is requisite to fix a legal liability, the requirement is dispensed with if the party in de fault has put it out of his power to comply with it, aml in sonic jurisdictions the courts have gone so far as to hold a demand unnecessary in all eases in which it would probably have been un avail hig. See BREACH; CONVERSION; LIABILITY; QUASI ComfitArt; and consult the authorities referred to under these titles.