The Rationale:
The object of this assignment is to prepare a demand letter according to the specifications detailed below. Students must communicate in a clear, concise, and precise manner using appropriate and professional language.
Mr. Frank Fairgate attended today regarding Air Canada’s negligence in the handling of his son’s therapy dog, Maisie. Maisie, a 4-year-old Staffordshire Terrier, travelled with the Fairgate family on Air Canada flight #549 from Toronto to Orlando on February 20, 2020.
Mr. Fairgate had arranged for Maisie to sit in the cabin with his son, Frank Jr., during the flight and had purchased a seat for the animal. Upon arriving at the gate prior to takeoff, Mr. Fairgate was informed that the flight was overbooked, and that Maisie would have to travel in the cargo hold for the duration of the 3 hour and 10-minute flight. Mr. Fairgate reluctantly agreed after being assured by the Air Canada representative that animals routinely travel in the cargo hold.
Flight #549 was delayed on takeoff and remained on the tarmac for 1 hour before departing. Upon arrival in Orlando, passengers were required to remain on the plane for a further 90 minutes due to backlogs at the inbound gates. Once passengers were permitted to deplane, Mr. Fairgate inquired as to when and where he could retrieve Maisie. Mr. Fairgate was advised that the cargo hold would be unloaded after the luggage. Mr. Fairgate waited by the baggage carousel for an hour-and-a-half before Maisie’s carrier was brought to him. Upon opening the carrier the Fairgate family, including Frank Jr., discovered that Maisie had perished.
The Fairgate family was devasted. What had begun as a much-anticipated family vacation to Disneyworld ended in horror at the Orlando airport; Maisie died – terrified and alone – after spending a total of 7 hours and 10 minutes in the cargo hold with no access to food or water. According to a veterinarian report, noise, extreme temperatures, and inadequate pressurization was likely the cause of Maisie’s demise. The Fairgate family had Maisie cremated in Orlando and promptly returned, with her ashes, to Toronto.
Mr. Fairgate is both heartbroken and angry; understandably, Frankie Jr. is devastated. While money cannot ever replace Maisie, Mr. Fairgate has suffered financial losses (as detailed below) as a result of Air Canada’s negligence. Mr. Fairgate has reached out to Air Canada representatives, and has received nothing but their apologies.
Mr. Fairgate is seeking to recover his damages. He does not wish to go court, however, as he understands that litigation can be a long process. Further, Mr. Fairgate must procure another therapy dog for Frankie Jr. as soon as possible. Therapy dogs are expensive, and Mr. Fairgate cannot afford to purchase one until he receives compensation for Maisie. Mr. Fairgate has not yet gone to the media with his story; however, he is willing to do so if he cannot recover his expenses from Air Canada in an expeditious manner.
Compose a demand letter to Air Canada Customer. In it, you will summarize the events that have transpired and request the damages detailed below. Note that Mr. Fairgate is willing to accept an amount representing 80% of his damages if the funds are received within 7 days of the letter’s receipt. In order to expedite Air Canada’s receipt of the letter, it will be sent by Overnight Priority Mail.
Cost of therapy dog $5,085.00 (inclusive of tax)
Cost of airline ticket for Maisie 709.44 (economy class)
Cost of cremation 135.60
Cost of cremation urn 146.90
Demand Letter |
Requires no adjustments |
Requires minor adjustments |
Requires major adjustments |
Does not meet minimum expectations |
Formate Notation(s) Address Salutation Subject line Complimentary close |
[8 marks] Error free or up to one error. |
________________________________________________________________________________________________________________ ________________________________________________ |
_______________________________________________________________________________________________________________________________________ |
[0 marks] More than 2 errors. |
TONE/FORMALITY: Tone is professional, appropriate for the recipient |
[3 marks] Tone is courteous and professional throughout |
[ 2 marks] Tone is generally appropriate but could be more professional at times |
__________________________________________________________________________________________ |
[ 0 marks] Tone is unprofessional or inappropriate |
Words/Language: Communicates message using clear, concise, and professional language |
[6 marks] Communicates purpose of letter in a clear and concise manner using professional language |
[4 marks] Recipient understands purpose of the letter with little difficulty and language is professional |
[2 mark] Recipient has difficulty understanding the purpose of the letter and language may not be professional |
[ 0 marks] Purpose of letter is unclear and there are examples of unprofessional language |
Opening Paragraph Contains explanation as to why the paralegal is writing the letter |
[3 marks] Contains a full explanation as to why the letter is being written |
________________________________________________________________________________ |
___________________________________________________________________________ |
[0 marks] Does not contain an explanation as to why the letter is being written |
Middle Paragraphs: Facts Lists all relevant facts provided by the client |
[6 marks] Contains all relevant facts provided by the client |
[4 marks] Contains most of the relevant facts provided by the client |
__________________________________________________________________________________________ _______________ |
[0 marks] Fails to note more than 3 relevant facts provided by the client |
Middle Paragraphs: What Is Being Sought Describe what the client is seeking and provide details of amount sought (do not copy and paste from assignment details) |
[6 marks] Clearly describes what the client is seeking and provides details of amount sought |
[4 marks] Clearly describes what the client is seeking but does not provide all details of amount sought |
__________________________________________________________________________________________ ______________________________ |
[0 marks] Fails to clearly describe what is being sought |
Middle Paragraphs: Justification Establish the legal basis for the relief sought |
[3 marks] Clearly establishes the legal basis for the relief sought |
________________________________________________________________________________________________ |
__________________________________________________________________________________________ |
[0 marks] Fails to clearly establish the legal basis for the relief sought |
CLOSING: Requests specific terms of payment (as provided in week nine materials) and provides a deadline for payment. Concludes with a goodwill closing and advises the reader to contact the paralegal |
[8 marks] Requests specific terms of payment (as provided in week nine materials) and provides a deadline for payment. Concludes with a goodwill closing and advises the reader to contact the paralegal |
[5 marks] Requests most of the specific terms of payment (as provided in week nine materials) and provides a deadline for payment. Concludes with a goodwill closing and advises the reader to contact the paralegal |
[3 marks] Requests some of the specific terms of payment (as provided in week nine materials) but does not provide a deadline for payment. Concludes with a goodwill closing and advises the reader to contact the paralegal |
[0 marks] Fails to close off the letter according to the requisite criteria |
Spelling, Grammar, Sentence Structure, And Punctuation |
[10 marks] Error free or up to 3 errors |
________________ ________________________________ |
______________________________ _______________ |
[0 marks] More than 3 errors. |
SPECIFICATIONS: Students’ names appear in header on assignment 11-point Times New Roman font 1.15 spacing Maximum length 1 page Prepared in accordance with the format on page 120 of the O’Mara text (figure 6.2) |
[3 marks] Error free |
________________________________________________________________________________________________________________ ________________________________________________________________ |
_____________________________________________________________________________________________________________________________________________________________________ |
[0 marks] More than 1 error. |