The Demand Letter Negligence is a crucial legal document in Malaysian civil law practice, serving as a formal prerequisite to litigation in negligence cases. It is typically used when a party has suffered damages due to another party's negligent actions or omissions, and seeks compensation before initiating court proceedings. The document must adhere to Malaysian legal requirements, including compliance with the Civil Law Act 1956 and the Limitation Act 1953. The letter should clearly establish the elements of negligence under Malaysian law, document all damages with supporting evidence, and provide a reasonable timeline for response. This type of demand letter is particularly important as it can serve as evidence in subsequent legal proceedings and may facilitate out-of-court settlements.
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1. Sender and Recipient Details: Full names, addresses, and contact information of both parties
2. Subject Line: Clear indication that this is a demand letter regarding negligence
3. Date of Letter: Current date of the letter issuance
4. Incident Details: Specific details of when, where, and how the negligent act occurred
5. Basis of Negligence: Clear explanation of how the defendant owed a duty of care, breached that duty, and caused damage
6. Damages Suffered: Detailed description of all losses and damages incurred as a result of the negligent act
7. Monetary Demand: Specific amount demanded as compensation, with breakdown if applicable
8. Timeline for Response: Clear deadline for response and payment
9. Legal Action Warning: Statement of intent to pursue legal action if demands are not met
1. Previous Correspondence Reference: Include if there has been prior communication about the incident
2. Expert Opinion Reference: Include if expert assessment or medical reports support the claim
3. Insurance Details: Include if insurance companies are involved or if claiming against insurance
4. Witness Information: Include if there are witnesses to the incident who can corroborate the claim
5. Without Prejudice Saving: Include if the letter contains settlement proposals
1. Schedule A - Damage Calculation: Detailed breakdown of all damages claimed with supporting calculations
2. Schedule B - Timeline of Events: Chronological listing of relevant events and communications
3. Schedule C - Supporting Documents: List of all supporting documents such as medical reports, receipts, photographs
4. Schedule D - Witness Statements: Copies of any witness statements or testimonials if available
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