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
Contract
“an agreement between two or more
competent persons which is
enforceable by law”
Agreement:
All contracts are agreements but not
all agreements are contracts.
4 Req’ts of a Valid Contract
1) mutual assent/”meeting of the
minds”
2) competent parties
3) legal/lawful purpose
4) consideration
Mutual Assent/”Meeting of the
Minds”
offeror, offeree, offer
An advertisement is not an offer; it is
an invitation to trade.
Handing a consumer a GPL is not an
offer but is an invitation to trade.
Duration of an offer:
Novation:
Acceptance:
Mutual Assent May Be Undermined
A) mistake
fraud
Misrepresentation
B) duress
C) undue influence
fiduciary relationship
Competent Parties
A) legal age
B) mental capacity
C) intoxication
Legal/Lawful Purpose
A) usury
B) contracts of unreasonable
restraint of trade
Consideration
“ that which the promisor demands
and receives as the price for a
promise”
Invalid Consideration
Forebearance
Contracts Used in Funeral Service
Promissory Note: “a negotiable
instrument containing a promise to
pay”
Preneed Contract:
SFGSS is not a contract in NJ
Contract Suggestions
written is always preferred
follow-up oral agreements
use clear, specific terms
include a deadline
sign and initial changes
include material items
Statute of Frauds
“certain types of contracts which could only
be enforced if in written form”
1) transfer of interest in real property
2) terms cannot be completed in 1 year
3) agreement to assume debt
4) executor/administrator pays debts of an
estate out of personal funds
5) contracts of marriage
6) sale of goods is $500 or more
7) personal service contracts
Types of Contracts
Void contract
Voidable contract
Executed contract
Executory contract
Oral contract
Written contract
Types of Contracts (cont’d)
Express contract
Implied contract
Quasi contract
Unenforceable contract
Bilateral contract
Unilateral contract
Types of Contracts (cont’d)
Formal contract
Simple contract
Divisible contract
Joint and Several contract
Conditions of Termination
1) performance
2) operation of law
3) voluntary agreement
4) impossibility of performance
5) acceptance of breach