Rights and Duties of the Funeral Director

Rights and Duties of the Funeral Director Sources of Duties Laws and Regulations Common Law 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

Rights and Duties of the Funeral Director