Rights and Duties of the Funeral Director Sources of Duties 1)Laws and Regulations 2)Common Law 3)Funeral Contract

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

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

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

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”

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

Remedies for Breach 1) Damages 2) Equitable Remedies

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

Equitable Remedies Two most common: 1) specific performance 2) injunction

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”

Third Party Beneficiary Types: 1) creditor beneficiary 2) donee beneficiary

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

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

Exceptions to Physical Impact Rule Intentional Infliction of Mental Distress Contractual Breaches Negligent Infliction of Mental Distress Punitive Damages

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