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