FSE2080 Funeral Law Study Questions and Answers Lesson 1.2
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Course
FSE 2080
Institution
FSE 2080
List the 3 sources of Duties of a Funeral Director. statutory duties contractual duties common law duties
Explain what is meant by Fitness for a Particular Purpose warranty and give an example. The expectation that merchandise which is purchased will function in the specific way for which is was p...
FSE2080 Funeral Law Study Questions
and Answers Lesson 1.2
List the 3 sources of Duties of a Funeral Director. ✅statutory duties
contractual duties
common law duties
Explain what is meant by Fitness for a Particular Purpose warranty and give an
example. ✅The expectation that merchandise which is purchased will function in the
specific way for which is was purchased
example: if a family purchases a cardboard casket for a person who weighs 500
pounds, the funeral director has the responsibility to share with the family that this
specific casket may not function properly for this specific deceased.
Explain what is meant by Merchant-ability Warranty and give an example. ✅the
expectation that merchandise will function in the way the average consumer expects it
to function
example: the average consumer expect the casket cap to close properly
Explain the funeral director's liability (responsibility) for the cars in the procession,
including the funeral coach and a pallbearer car driven by a non-funeral home
employee. ✅to be liable, have to show negligent driver was an agent of funeral home
Define tort. ✅a wrongful act or an infringement of a right (other than under contract)
leading to civil legal liability.
Explain whether you can refuse to release a body to a family if they owe you a balance
on a previous funeral bill. ✅actionable violation of family's right to burial without
interference
explain what options you have for providing or not providing service to a family who
owes you a balance on a previous funeral bill. ✅Do not have to serve family
Distinguish between a common and private carrier. ✅common carrier- any carrier
required by law to convey passengers without refusal if the approved fare is paid
(airline, train, etc.)
private carrier- those who transport only in particular instances and only for those they
choose to contact with (funeral home, vehicles, and livery)
Define compensatory damages. ✅designed to compensate for the actual property
damage, harm, or injury the plaintiff suffers
, Define punitive damages and tell when they may be awarded. ✅Payment imposed by
a court upon an individual or entity to punish the individual (entity) for wrongdoing or
gross negligence
only when conduct has been so outrageous as to justify punishment
By the Americans with Disabilities Act, must all existing barriers be removed? If not,
which barriers need not be removed? ✅only readily achievable barriers need be
removed. removal can be accomplished without much difficulty or expense given cost
as well as size and financial resources of business.
Define nominal damages. ✅a small amount of money awarded to a plaintiff in a lawsuit
to show he/she was right, but suffered no substantial harm
Can a funeral home charge a fee for embalming a body with a contagious disease, such
as a person dying with HIV / AIDS? ✅prohibited by ADA
Give another name for disinterment. ✅Exhumation
Define disinterment. ✅removal of dead body or remains from its place of repose after
disposition has been completed
Define eminent domain and tell how this would apply to disinterment. ✅The inherent
power of a government to take private property for public use. In the U.S. just
compensation to the property owners is required.Could be used to justify disinterment of
a body
List and describe the three types of cemeteries ✅public- may be for profit of municipal.
private- this may be a religious or family cemetery where you must be a member to the
organization to be buried there.
national- operated by the federal government, this cemetery is usually reserved for
members or retired members or the armed forces.
Explain what is meant by disinterment for public purposes. ✅normally made for
evidentiary purposes, criminal or civil cases
provide access for public streets
threat to public health, e.g. contaminating well water
List the factors which are considered in cases involving disinterment. ✅must be a
compelling public or private reason
-right to disposition does not necessarily include the right to disinterment.
-usually requires a state permit
-the family must be notified and give permission for disinterment to occur (unless
ordered by a government official)
-in most states, FD must be present at disinterment
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