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Demand Letter - Albert

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Date _________________

Kazelle De Leon
Floor Manager
Hokkaido Ramen
Santouka – Trinoma
Level 4 Trinoma Mall
Edsa Corner Avenue
Bagong Pag-asa, Quezon City

Greetings.

In response to our previous correspondence in regards to the matter mentioned above,


please accept this letter as my formal demand for settlement.

On 09 November 2017, I, together with my companions ordered our dinner at Hokkaido


Ramen Santouka – Trinoma. I have ordered an extra rice and while I am enjoying my
meal, I made a horrible discovery. I found a cockroach in my rice bowl. I feel nauseous
and disgusted with the food I was eating. My companions immediately notified you as
the manager of the said restaurant. Based on the text messages you sent me and your
willingness to give gift certificates to settle the incident, you admit the negligence on
the part of your employee.

Since the incident I have not been able to eat at restaurants without fear the food I am
eating was infested with cockroach or other pest. I am a victim of your employee’s
negligence. Under the legal doctrine of respondeat superior, in many circumstances,
an employer is responsible for the actions of employees performed within the course of
their employment. In the present incident, as an employer, the restaurant is liable for
the negligent actions of an employee while the employee is acting within the scope of
his or her employment. Clearly your employee was acting within the scope of his
employment at the time he negligently allowed my food to be contaminated with a
cockroach.

The following represents the damages I am deemed entitled because of such incident:

Actual Damages – Php 4,760.24


Moral Damages – Php
Exemplary Damages – Php

After careful consideration of liability and damages, and an in-depth review of standard
settlements for cases with similar fact patterns, I am convinced a fair and reasonable
settlement inclusive of my pain and suffering is a total of Php ____(amount in
words)_____________(Php__________.00), Philippine Currency.

Failure on your part to respond with the foregoing demands within Ten (10) Days from
receipt hereof, will constrain me to file the appropriate legal action. I reserve the right
to commence legal proceedings without further notice to you and this letter may be
tendered in court as evidence against you. It would be in the best interest of both
parties to resolve this matter before such action becomes necessary.

I hope for your immediate attention to this serious matter.

Sincerely,

John Albert Altares

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