TYPES OF PERSUASIVE WRITING: LETTER OF DEMAND & ARGUMENTS Study Unit 4 – eLearning RPK 214
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Slide 1
TYPES OF
PERSUASIVE WRITING:
LETTER OF
DEMAND &
ARGUMENTS
Study Unit 4 – eLearning RPK 214
Slide 2
LETTER OF DEMAND
PRIOR TO LITIGATION
Before summons issued to prospective
defendant: Issue LETTER OF DEMAND
o Defendant may pay / perform / negotiate Settle
o Defendant may raise valid defence
o Tactical advantage
o Placing defendant in mora (contracts without performance date)
o Where combined with an election
o Where unliquidated damages to be claimed
o Required by statute (Mandatory – Small Claims Court;
governmental organ)
Slide 3
REQUIREMENTS FOR LETTER
OF DEMAND
Inform defendant:
What is being claimed
Basis for claim
Result of failure to meet claim in time
Claim stated accurately
Basis defined clearly & accurately
Be clear on what plaintiff intends doing if demands not
met
Slide 4
CONTENTS OF LETTER OF
DEMAND
Particulars of plaintiff’s lawyer….mandate
Name of plaintiff
Particulars of claim & basis of claim
• Jurisdiction
• State facts briefly & concisely
• Draw conclusion in law from facts
What defendant is required to do & time
for performance
• Make demand
Consequences if demand is not met
Nice to know information
Slide 5
MOST IMPORTANTLY…
A LETTER OF DEMAND MUST BE…
PERSUASIVE
Slide 6
“…will be vigorously pursued…”
“…would be vigorously defended…”
Unnecessary!
It is legal practitioner’s duty to pursue all actions vigorously
Spend time on pointing out why the claim / defence is good
Slide 7
WHEN DRAFTING A LETTER
OF DEMAND…
ID OBJECTIVES
STRATEGY & TACTICS
Elements of delict committed
Formal tone throughout letter
Provide sufficient information
- But not too much
REPOV
Slide 8
Section 29
Small Claims Court Act 61/1984
Letter of demand – SMALL CLAIMS COURT
Slide 9
Slide 10
Slide 11
GENERAL LETTER OF DEMAND
Slide 12
Indicating your mandate
Client’s name
Basis of claim – concise!
Demand
Consequences of
inaction
Slide 13
CHANCE FAVOURS ONLY
THE PREPARED MIND
Louis Pasteur
Class exercise 6…
Slide 14
HEADS OF ARGUMENTS
PREPARING FOR TRIAL
Heads of argument = Argument FOR your client
Contains SUMMARY of main points of counsel’s
argument & authorities relied on.
Is NOT an thorough exposition of case…
SKELETON argument for closing
arguments!
Summarizes evidence & requests particular order
from court
Slide 15
HEADER – HEADS OF ARGUMENT
Slide 16
…charge…
Slide 17
STRUCTURE:
HEADS OF ARGUMENT
THOUGH FIRAC-METHOD IS USED, DO NOT “FIRAC” THE HEADS!
Introduction (Background, charge, etc.)
Facts (Undisputed / disputed, etc.)
Identification of the issue
Application of law to facts
• Keep issues separate; answer each question
• Answer question of law
• Argue persuasively! (NOT objectively)
Conclusion
Bibliography
Slide 18
STRUCTURE:
HEADS OF ARGUMENT
Introduction (Background, charge, parties, etc.)
Facts (Undisputed / disputed, etc.) Advance facts
favourable to your client!
Identification of the issue
Law & Application of law to facts
• Keep issues separate; answer each question
• Answer question of law
• Argue persuasively! (NOT objectively)
Conclusion
Bibliography
Slide 19
END OF HEADS
Slide 20
FORMAT (SCA):
SCA RULE 10(3)
1. Argument: Clear, brief & without unnecessary elaboration
2. Points (paragraphs) should be numbered
3. No lengthy quotations from authorities
4. References to authorities specific pages / paragraphs!
5. List of authorities to be included
6. If relied on subordinate legislation, a copy of such
legislation shall accompany heads of argument (??)
Slide 21
FORMAT:
SCA RULE 10(3)
1. Argument: Clear, brief & without unnecessary elaboration
2. Points (paragraphs) should be numbered
3. No lengthy quotations from authorities
4. References to authorities specific pages / paragraphs
5. List of authorities to be included, specifying those that will
be referred to in the argument (??)
6. If relied on subordinate legislation, a copy of such
legislation shall accompany heads of argument (??)
Slide 22
BE THOROUGH!!
CANNOT ARGUE WIDER
THAN CONTENTS OF
HEADS OF ARGUMENT
Slide 23
FORMAT OF HoA
EACH DIVISION OWN FORMAT
SCA OWN FORMAT (Rule 10(3))
REFERENCING...
Practice – in text
Exception – SCA
TYPES OF
PERSUASIVE WRITING:
LETTER OF
DEMAND &
ARGUMENTS
Study Unit 4 – eLearning RPK 214
Slide 2
LETTER OF DEMAND
PRIOR TO LITIGATION
Before summons issued to prospective
defendant: Issue LETTER OF DEMAND
o Defendant may pay / perform / negotiate Settle
o Defendant may raise valid defence
o Tactical advantage
o Placing defendant in mora (contracts without performance date)
o Where combined with an election
o Where unliquidated damages to be claimed
o Required by statute (Mandatory – Small Claims Court;
governmental organ)
Slide 3
REQUIREMENTS FOR LETTER
OF DEMAND
Inform defendant:
What is being claimed
Basis for claim
Result of failure to meet claim in time
Claim stated accurately
Basis defined clearly & accurately
Be clear on what plaintiff intends doing if demands not
met
Slide 4
CONTENTS OF LETTER OF
DEMAND
Particulars of plaintiff’s lawyer….mandate
Name of plaintiff
Particulars of claim & basis of claim
• Jurisdiction
• State facts briefly & concisely
• Draw conclusion in law from facts
What defendant is required to do & time
for performance
• Make demand
Consequences if demand is not met
Nice to know information
Slide 5
MOST IMPORTANTLY…
A LETTER OF DEMAND MUST BE…
PERSUASIVE
Slide 6
“…will be vigorously pursued…”
“…would be vigorously defended…”
Unnecessary!
It is legal practitioner’s duty to pursue all actions vigorously
Spend time on pointing out why the claim / defence is good
Slide 7
WHEN DRAFTING A LETTER
OF DEMAND…
ID OBJECTIVES
STRATEGY & TACTICS
Elements of delict committed
Formal tone throughout letter
Provide sufficient information
- But not too much
REPOV
Slide 8
Section 29
Small Claims Court Act 61/1984
Letter of demand – SMALL CLAIMS COURT
Slide 9
Slide 10
Slide 11
GENERAL LETTER OF DEMAND
Slide 12
Indicating your mandate
Client’s name
Basis of claim – concise!
Demand
Consequences of
inaction
Slide 13
CHANCE FAVOURS ONLY
THE PREPARED MIND
Louis Pasteur
Class exercise 6…
Slide 14
HEADS OF ARGUMENTS
PREPARING FOR TRIAL
Heads of argument = Argument FOR your client
Contains SUMMARY of main points of counsel’s
argument & authorities relied on.
Is NOT an thorough exposition of case…
SKELETON argument for closing
arguments!
Summarizes evidence & requests particular order
from court
Slide 15
HEADER – HEADS OF ARGUMENT
Slide 16
…charge…
Slide 17
STRUCTURE:
HEADS OF ARGUMENT
THOUGH FIRAC-METHOD IS USED, DO NOT “FIRAC” THE HEADS!
Introduction (Background, charge, etc.)
Facts (Undisputed / disputed, etc.)
Identification of the issue
Application of law to facts
• Keep issues separate; answer each question
• Answer question of law
• Argue persuasively! (NOT objectively)
Conclusion
Bibliography
Slide 18
STRUCTURE:
HEADS OF ARGUMENT
Introduction (Background, charge, parties, etc.)
Facts (Undisputed / disputed, etc.) Advance facts
favourable to your client!
Identification of the issue
Law & Application of law to facts
• Keep issues separate; answer each question
• Answer question of law
• Argue persuasively! (NOT objectively)
Conclusion
Bibliography
Slide 19
END OF HEADS
Slide 20
FORMAT (SCA):
SCA RULE 10(3)
1. Argument: Clear, brief & without unnecessary elaboration
2. Points (paragraphs) should be numbered
3. No lengthy quotations from authorities
4. References to authorities specific pages / paragraphs!
5. List of authorities to be included
6. If relied on subordinate legislation, a copy of such
legislation shall accompany heads of argument (??)
Slide 21
FORMAT:
SCA RULE 10(3)
1. Argument: Clear, brief & without unnecessary elaboration
2. Points (paragraphs) should be numbered
3. No lengthy quotations from authorities
4. References to authorities specific pages / paragraphs
5. List of authorities to be included, specifying those that will
be referred to in the argument (??)
6. If relied on subordinate legislation, a copy of such
legislation shall accompany heads of argument (??)
Slide 22
BE THOROUGH!!
CANNOT ARGUE WIDER
THAN CONTENTS OF
HEADS OF ARGUMENT
Slide 23
FORMAT OF HoA
EACH DIVISION OWN FORMAT
SCA OWN FORMAT (Rule 10(3))
REFERENCING...
Practice – in text
Exception – SCA