Rights and Duties of the Funeral Director

1
Rights and Duties of the Funeral Director

• Sources of Duties
• Laws and Regulations
• Common Law
• Funeral Contract

2
Laws and Regulations

• State Laws a) permits
• b) health laws and regs.
• Federal Laws
• Local Laws

3
Common Law/Operation of Law

• Reasonable/Prudent Standard
• 2 duties
• 1) not to interfere with the right of burial
• Wrongfully withholding a body
• Loss of body
• Mutilation of the body
• 2) exercising reasonable care and remaining
  prudent
• Injury to invitees
• Injury to pallbearers and clergy

4
Funeral Contract

• With the person who has the right to disposition
• FD has no obligation regarding a particular dead
  body until a contract has been initiated

5
Breach of Contract

• a situation in which one of the parties to a
  contract fails or otherwise refuses to perform
  the obligations established in that contract

6
Conditions Resulting in Breach

• 1) performance is not completed within the time
  limits agreed to by the parties
• 2) performance has been negligent or unskillful
• 3) wrongful performance or nonperformance

7
Remedies for Breach

• 1) Damages
• 2) Equitable Remedies

8
Damages

• Compensatory (Actual)
• Incidental and Consequential
• Punitive (Exemplary)
• Nominal
• Liquidated

9
Equitable Remedies

• Two most common
• 1) specific performance
• 2) injunction

10
Third Party Contracts and Assignments

• Third Party a person who may in some way, be
  affected by a contract but who is not one of the
  contracting parties (outside party)
• Third Party Beneficiary person not a party to
  a contract, but whom parties intended to benefit

11
Third Party Beneficiary

• Types
• 1) creditor beneficiary
• 2) donee beneficiary

12
Assignments

• means whereby one party in a contract conveys
  right to another person, who is not a party to
  the original contract
• 3 parties involved
• 1) assignor
• 2) assignee
• 3) obligor the remaining party to the original
  agreement

13
Mental Anguish

• mental suffering resulting from grief, severe
  disappointment, indignation, wounded pride,
  shame, public humiliation, despair, etc. usually
  accompanied by physical injury or by an
  outrageous, intentional or grossly negligent act
• Physical Impact Rule

14
Exceptions to Physical Impact Rule

• Intentional Infliction of Mental Distress
• Contractual Breaches
• Negligent Infliction of Mental Distress
• Punitive Damages

15
Negligence

• failure to exercise ordinary care omission to
  do something which a reasonable prudent person
  would do under ordinary circumstances or the
  doing of something which a reasonable and prudent
  person would not do the lack of due care
• intentional or accidental